All posts by Torrence Howell

Law Blog

What Qualifies as Domestic Violence?

Expert domestic violence attorney Torrence L. Howell can help you seek protection from all types of domestic violence.

Domestic ViolenceAnyone who willfully inflicts harm on another person can be charged with criminal offenses. However, when the harm meets the qualifications for a domestic violence crime, the penalties can be much harsher. California has a reputation for being very serious about domestic violence, offering many protections for victims in a wide variety of situations. If you have suffered any type of abuse at the hands of a domestic partner or family member, you can turn to a skilled domestic violence attorney like Torrence L. Howell for immediate help.

What Relationships Does Domestic Violence Apply To?

Domestic violence is a broad term encompassing many different types of abuse perpetrated by one member of an intimate relationship against another. Some examples of intimate relationships include current or former spouses, domestic partners and dating partners. Individuals who are closely related by blood or marriage or who have children together may also be considered eligible for protection under domestic violence statutes in California.

What Types of Abuse Are Covered in Domestic Violence Statutes?

Domestic violence statutes apply to many different kinds of injury or abuse. Often, there doesn’t even have to be a visible physical injury in order for charges to be filed. Here are some of the main types of behaviors that could qualify as domestic violence:

  • Physical injuries (inflicted intentionally or due to recklessness)
  • Sexual assault
  • Threats
  • Harassment (including stalking)
  • Emotional abuse
  • Verbal abuse
  • Other actions resulting in one person fearing or feeling controlled by the other

What Protections Does the Law Offer to Victims?

California law offers many protections to victims of domestic violence. The most commonly used protection is probably the restraining order. There are several different types of restraining orders to choose from, which may be used at different points in the progress of a domestic violence case to provide appropriate protection. Stay-away orders prevent the alleged abuser from coming near enough to harm or harass the victim, while kick-out orders can be used to force the abuser to vacate a home shared with the victim. It’s important to note that any kind of restraining order can be issued as either a temporary or a permanent order. The difference is basically whether the order is made before or after a full hearing or trial has been completed.

Additionally, California law includes several provisions to make it easier for victims of domestic violence to escape abuse and get on with their lives. For example, it is very easy for victims to break their leases and relocate in California, and it is also easier for them to keep their jobs as discrimination based on domestic violence issues is illegal.

If you are facing a domestic violence problem, don’t suffer in silence. Contact Torrence L. Howell for fast and effective assistance in securing restraining orders and attending to any other family law issues that may arise.

Law Blog

What Victims Need to Know About California’s Domestic Violence Laws

Knowing your rights may help you escape an unsafe home situation sooner

domestic violenceCalifornia law has many strong protections for victims of domestic violence. If you have been abused by a domestic partner, you can and should get help from a qualified domestic violence attorney such as Torrence L. Howell now. Your attorney will be able to guide you through the process of a getting a restraining order, filing for divorce or separation, altering a custody agreement, or whatever else may need to be done to protect you and your loved ones from the abuser. Here are some important things that you need to know about California’s domestic violence laws.

You Don’t Have to Have a Visible Injury

First of all, remember that any form of abuse is unacceptable and you do not have to tolerate it. Under California Penal Code 243e(1), any infliction of force or violence on an “intimate partner” qualifies as domestic violence and can be prosecuted as a misdemeanor, even if there is no visible injury. An intimate partner could be your spouse, domestic partner, a dating partner, an ex, or the parent of your child.

You Can Get Spousal Support Before Winning a Case

Often, victims remain in unsafe situations because they believe they do not have the financial means to leave. If you are married, you can get the financial support you need to remove yourself and your children from the reach of your abuser by filing for a domestic violence restraining order. Under section 6314(c), a court can award spousal support as soon as you file, without waiting for the abuse to be proven.

You Can Break Your Lease Now

As of January 1, 2014, a new California law will make it easier to break your lease and move away to escape an abuser. Previously, a court order or police report was required to prove abuse and allow for termination of the lease without penalty. Now, however, a statement from a medical professional or domestic violence counselor attesting to the abuse will be sufficient, making it much easier to escape an unsafe environment quickly.

Your Job is Protected

For many years, the law has protected victims of domestic violence from certain types of workplace discrimination. For example, you cannot be fired or subjected to any other adverse job action for taking time off of work to get medical treatment or to attend to legal matters after suffering domestic violence. Now, a new protection has been added. As of January 1, 2014, your employer cannot fire you due to the disruptive and illegal actions of an abuser who you have a restraining order against. This new protection is designed to prevent scenarios such as an abusive ex-spouse causing a scene at your workplace from blowing back on you.

Family Law, Law Blog

Updated Family Code Allows Kids to Have More than Two Legal Parents

Recent changes to the California Family Code allow courts to assign parental rights & responsibilities to more than two legal parents

Child custodyEach year, our legislators make many changes to California’s laws. Some of these changes are minor, while others have far-reaching implications. Starting in 2014, the newly amended Family Code will provide for child custody rights and child support responsibilities to be shared among more than two parents when the circumstances of a case merit such an approach.

An Example of a Claim for Multiple Parents

One possible example of a case in which a child might be considered to have more than two parents would be a child whose biological parents divorced and subsequently married other people. The child would be very likely to form a close bond with their new stepparents. If their biological parent and one of the stepparents also get divorced, and the child is separated from their stepparent, this could have a “devastating psychological and emotional impact” as the legislators put it. To avoid traumatizing the child, a family law court would have to award joint custody to 3 individuals: the biological mother and father and the newly divorced stepparent. This is now possible under the updated law.

Determining Child Custody with Multiple Parents

In cases where more than two people meet the requirements for establishing a claim to parentage under the Uniform Parentage Act, judges are now directed by law to consider awarding custody and visitation rights to any and all parental figures that may qualify. As in the past, judges will continue to consider what is best for the child as their most important criterion for awarding custody. With more have one other person potentially competing for a share of custody rights, it is more important than ever for parents to engage a skilled child custody attorney to help plead their case for custody or visitation.

Calculating Child Support with Multiple Parents

The formula used to complete the California Child Support Calculation remains unchanged in the updated Family Code. However, it will now be possible to split child support obligations three or more ways when a child truly does have three or more adults fulfilling the role of a legal parent. It is important for parents engaged in child support disputes to realize that this possibility exists, as arguing for shared child support from multiple parents can result in a better home environment for the child.

Law Blog

Types of Alimony

Alimony does not necessarily have to be paid for the rest of a divorced spouse’s life

Types of AlimonyWhen couples divorce, one spouse often ends up paying alimony to the other spouse so that they can support themselves and maintain their standard of living. This type of support is typically dreaded by the spouse who will end up paying it but vital for the one receiving it. Before you sign an alimony agreement drafted by your former spouse’s attorney, be sure you understand the type of alimony provided for and how this will affect your future.

Permanent Alimony

Permanent alimony is the most common type of alimony. It is typically awarded when couples who have been married for about 15 years or more decide to divorce and one spouse is unable to maintain their accustomed standard of living without support. Permanent alimony is considered somewhat old fashioned by some, as it harks back to the days when women traditionally did not work outside the home and therefore were not able to easily re-enter the workforce and support themselves if they became divorced later in life. Today, the high-earning spouse ordered to pay alimony may be male or female.

Temporary Alimony

Temporary alimony is, as the name suggests, a temporary measure. Because filing for divorce and finalizing all the agreements can take months or even years, judges often award temporary alimony to ensure that the dependent spouse can support themselves in a separate residence until the divorce goes through.

Rehabilitative Alimony

Rehabilitative alimony is often an excellent option to explore, from the point of view of both the payer and the recipient. This type of alimony is designed to provide the necessary funding and support for the non-earning spouse to complete any training or schooling necessary to successfully re-enter the workforce. It is good for the spouse paying alimony because it ensures the alimony obligation will have an end date, and it is good for the spouse receiving alimony because they end up with a marketable skill set and a career that will provide them with independence.

Transitional Alimony

Transitional alimony is designed to help the dependent or non-earning spouse transition into a new and separate life. Often this type of alimony is awarded as a one-time payment and may be used to cover a move or to purchase something like a new house or new car.

Alimony Is Awarded at a Judge’s Discretion

While your divorce attorney can help you figure out the best type of alimony and suggest an appropriate alimony sum, ultimately the decision will be up to the judge in your divorce proceeding. This means you need an attorney who knows how judges think. Torrence L. Howell has the skills and experience needed to help you understand what kind of alimony a judge is likely to award and how best to approach petitioning for that alimony. Call today for an initial consultation.

Family Law, Law Blog

Are You Facing a Tough Family Law Decision?

Our client decision checklist can help

Are You Facing a Tough Family Law Decision?If you are facing a tough family law decision, you need to be sure you are aware of all your options, obligations, and rights. Consulting with an experienced family law attorney like Torrence L. Howell can definitely help, but if you don’t feel ready for this step, you may wish to consult our client decision checklist first. This checklist will help you understand some of the issues that will need to be considered in conjunction with various family law decisions.

Child Custody Issues

Some of the issues that need to be considered in a child custody case include:

  • Type of custody sought (physical and/or legal)
  • Decision-making rights & responsibilities of each parent
  • Access and visitation schedules for parents and grandparents
  • Restrictions on foreign travel
  • Access to school and medical records

Child Support Issues

Some of the issues that need to be considered in a child custody case include:

  • Amount of child support that is needed/appropriate
  • Schedule for making/receiving payments
  • Extra expenses (tuition, summer camp, extracurricular activities, etc.)
  • When the child will be considered emancipated (at a certain age, after college, after marriage, after moving out, etc.)
  • Support for medical expenses or medical insurance coverage

      • Alimony Issues

      Some of the issues that need to be considered in an alimony case include:

      • Amount of alimony that is needed/appropriate
      • Schedule for making/receiving payments
      • Type of alimony (temporary, rehabilitative, transitional, permanent)
      • Duration of alimony

      Divorce Property Distribution Issues

      While there are many issues that need to be considered in a divorce, property distribution is often one of the most contentious. Here are some of the issues that need to be considered when dividing up property and assets:

      • Which assets are shared
      • Valuation of assets (personal and business)
      • How non-cash assets will be distributed
      • How business assets will be handled
      • Which spouse will retain the home and how the other spouse will be compensated
      • A schedule for selling any real estate or other marital property
      • Tax liability associated with the above decisions

      Get Expert Advice

      If you are going through any of the above family law issues, you can get expert advice about your rights, options, and obligations from Torrence L. Howell. He will work hard to ensure that your interests are represented during the family law proceeding, whether it is taking place at trial or in a negotiation. Contact Torrence L. Howell today to schedule your free consultation.

Law Blog

Think Your Divorce Agreement is Set in Stone? Think Again

Your divorce attorney can help you seek or defend against modifications

Think Your Divorce Agreement is Set in Stone? Think AgainNumerous documents are generated in a divorce, including agreements governing how the newly separated family will be organized and provided for financially. For example, your divorce might involve an alimony agreement for support of your ex-spouse, a child support agreement for support of your dependents, and a child custody agreement for outlining visitation and custody rights.
Your divorce attorney will have fought hard to ensure that all of these agreements were fair and served your interests as best as possible at the time of the divorce. But as time passes after the divorce and family circumstances change, you or your ex-spouse may find that the agreements no longer serve the best interests of all the parties involved. When this happens, modifications can be sought. As your divorce attorney, Torrence L Howell can help with this process no matter which side of the table you may be on. He can help you seek modifications or defend against your ex-spouse’s petitions for modifications in the following areas.

Alimony

Unless your divorce agreement specified transitional, temporary, or rehabilitative alimony, you may have to support your ex-spouse for the rest of their life. If changing circumstances do not warrant ongoing support, or the amount of the alimony is no longer appropriate, your divorce attorney can help. For example, if the spouse receiving the alimony remarries or gets a new, high-paying job or the spouse paying the support loses their job, the alimony agreement may need to be changed.

Child Support

Child support agreements may also need to be modified due to the changing financial circumstances of the parents. Another reason to seek modifications to a child support agreement is that the financial requirements for caring for the child have changed. For example, the child might require medical treatment or the parents might want to enroll the child in a private school, get private tutoring, send them to camp, etc. If the new expense is ongoing, a modification to the child support agreement can make it official.

Child Custody

Child custody agreements are always drafted with the best interests of the child in mind. This may mean denying custody or unsupervised visitation to an unfit parent. However, if the parent can mend their ways and prove they are now fit, it may be best for the child to allow increased contact with that parent. Conversely, if a previously fit parent develops a drug problem or is no longer able to provide a safe home, it may be best for the child to be removed from the care of that parent. In either case, a modification can be sought to make the appropriate changes to the custody agreement.

Law Blog

Are You Considering Modifying Your Child Custody Agreement?

Three things to consider before updating your agreements

Child custody agreements exist to ensure that children get to spend time with each parent in situations where the parents do not live together. A child custody agreement may provide for both parents to share custody, or for one parent to have sole custody with visitation rights for the other parent. While every parent wants to spend time with their child, sometimes this is not possible or appropriate. If your child custody agreement prevents you from seeing your child and you want to change that, or if you feel that your custody agreement allows an unfit parent inappropriate rights to your child, you can visit Torrence L Howell for a free consultation regarding child custody modifications.

Physical vs Legal Custody

Before petitioning for child custody modifications, it’s important to establish which type of custody you wish to alter. Physical custody allows a parent to have the child live with them, while legal custody allows a parent to make legal decisions for the child, including decisions about education and healthcare. Even in situations where it is not appropriate to share physical custody, parents may want to share legal custody so that each parent can have a say in important legal decisions regarding the child. Physical custody may be denied based on the type of home environment a parent is able to provide, as well as on issues like abuse or drug addiction. However, with evidence of reform it is possible to change this through child custody modifications.

Will the Case go to Court?

Child custody battles that end up in front of a judge can be very expensive, not to mention disruptive to the child and the parents. The desire to avoid a court battle may affect how extensive the modifications you request end up being. Before petitioning for a child custody modification, it is wise to have your lawyer consult with the other parent’s lawyer to see if an agreement can be reached without fighting over it in court.

Impact on Child Support Agreements

Another important concern is whether the child custody modification will result in a child support modification. For example, moving from shared custody to giving one parent sole custody will likely cause the custodial parent to request additional child support to cover the extra time the child will be spending in their home. If you don’t want to pay the extra support, you may not want to move forward with the child custody modifications.

The best way to make sure you’re seeing all the angles on a child custody or child support modification is to have an expert family law attorney like Torrence L Howell walk you through the process.

Divorce

How is My Business Property Handed in a Divorce?

Property rights are always a contentious issue in a divorce. If you have a family business, chances are you and/or your spouse have dedicated a lot of time, energy, and assets to it over the years. In the event of a divorce, everything you’ve worked so hard to build could be in jeopardy.

Different business property rights will apply depending on whether the business and its assets are considered communal or separate property. If the business is considered communal property, it might be split, and even if the business was started by one spouse before the marriage, never financed with communal funds, and is considered separate property, it could still be liquidated in order to pay an expensive divorce settlement. The best way to learn exactly what options may be available to you for handling your business property in a divorce is to set up a free consultation with Torrence L Howell. Torrence L Howell is a divorce attorney with a background in business, so he’s ideally suited to explain and defend your business property rights.

Meanwhile, here are three possible scenarios for what might happen to your business in a divorce.

Court-Ordered Buyout

If the business depends heavily on the hard work, knowledge, and skills of one spouse, a divorce court usually awards the rights to the business to that spouse. They will then be required to buy out the other spouse’s share. In order to ensure that a fair price is set for the buyout, a forensic accountant will be called upon to provide a valuation.

Business Asset Liquidation

Unfortunately, when most of a couple’s assets are tied up in a business, these assets may have to be liquidated in order to pay the divorce settlement or to keep up with alimony or child support obligations. A skilled divorce attorney can help you resist efforts to access business assets in a divorce and protect your business property rights.

Equal Ownership Rights

If both spouses want to continue being involved in the business, it is of course possible to give each spouse an equal ownership share. The business can continue to operate as normal, except instead of the proceeds going into a joint bank account they’ll be shared equally by the two divorced spouses. This type of agreement typically works best when the business was started after the marriage, when both spouses have traditionally participated equally in the running of the business, and when the divorce is amicable enough for a successful professional relationship to be possible.

Divorce

Divorce Attorney in Rancho Cucamonga CA Offers a Free Consultation

Are you considering filing for divorce? Has your spouse served you with divorce papers? Are you unhappy with any of the support agreements stemming from a past divorce?
If you answered yes to any of these questions, you should visit the Law Offices of Torrence L Howell for a free consultation. During your free meeting with this skilled family law attorney in Rancho Cucamonga CA, you’ll learn about your rights and privileges under the law and get expert advice about what your next steps should be in pursuing a fair resolution to your divorce-related issues.

Divorce Proceedings

Torrence L Howell has over 18 years of experience as a divorce attorney in Rancho Cucamonga CA, and he has the skills and expertise needed to successfully shepherd you through a divorce proceeding. He’ll help you with everything from checking that you’ve fulfilled your residency requirements for divorce in California to completing the actual divorce papers to figuring out which jurisdiction to file them in. He’ll also represent you at talks with your spouse’s lawyers and in court to make sure that you receive your fair share of marital assets as well as time with your kids.

Divorce Mediations

Even if you plan to settle your divorce outside of court using divorce mediation, you can still benefit from the advice of a divorce attorney in Rancho Cucamonga CA. Torrence L Howell can advise you on all the complex issues that will come up as a result of your divorce and make sure you understand your rights. For example, he can explain the rules about what qualifies as marital assets, which will prepare you to negotiate a fair division of assets and property during your mediation.

Modifications After Divorce

If you are already divorced, but find yourself unhappy with your alimony agreement, child support agreement, or child custody agreement, Torrence L Howell may be able to help. He can advise you as to whether or not a judge would be likely to approve a modification to your agreement based on your current personal and financial circumstances. For example, if you were ordered to pay lots of child support at the time of your divorce, but your ex-spouse has since remarried someone with a high income, you may be able to petition to have your child support payments reduced. Don’t fall into the trap of thinking your agreements are written in stone! With the help of a family law attorney in Rancho Cucamonga CA, you have a chance to modify unfair agreements to reflect your current circumstances.

Law Blog

Meet Tory Howell

torrence

If you’re looking for an experienced attorney in Upland CA, consider Torrence L Howell. With over 18 years of experience in the private practice and special expertise in family and business law, Torrence L Howell has the skills and knowledge required to help you. Whether you require representation for a court case, assistance drafting a contract or agreement, or just some legal advice, you can call Torrence L Howell.

Tory’s Qualifications

Torrence L Howell earned his Law degree from the University of La Verne College of Law in 1995. He passed the Bar exam for California that same year and has been practicing in San Bernardino, Riverside, Los Angeles, and Orange Counties ever since. He also holds a BS in Accounting and an MBA from University of La Verne.

Torrence L Howell is a member of several professional organizations, including the Association of Trial Lawyers of America, the San Bernardino County Bar Association, and the Western San Bernardino County Bar Association.

Child Custody and Child Support

As a parent himself, Torrence L Howell knows how important your children are to you. He can help you ensure their physical and emotional welfare during a divorce or custody battle by fighting for appropriate custody and support agreements. For example, he can help you deny custody or visitation to an unfit parent to protect your children from this inappropriate or even dangerous influence. He can also help you gain more access to your children if you are a non-custodial parent who deserves this right. Torrence L Howell also has a wealth of experience in child support cases in Upland CA and surrounding cities, and he can help you complete the California Child Support Calculation.

Family Business Law

Torrence L Howell’s background in business and accounting makes him an ideal choice for legal representation in business cases. Whether you are involved in business litigation, need to initiate or respond to a breach of contract dispute, or change the ownership structure of your business, he can help. He can also provide valuable insight into divorce cases involving family businesses.

Divorce and Related Issues

Of course, as an expert family law attorney Upland CA, Torrence L Howell has also seen countless divorce cases. He can provide the calm, level-headed representation you need during this emotionally charged period in your life and make sure you don’t accidentally forfeit your rights to property, assets, or child custody in an effort to get the divorce proceeding over with faster. You can trust Torrence L Howell to provide expert assistance with all of the issues related to your divorce, including alimony, child support, child custody, property division, and even restraining orders if needed.