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Upland, CA 91786
Phone: (909) 920-0908
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Law Offices of Torrence L. Howell - Providing Over 20 Years of Industry Leading Experience in Family Law, Business Law and Criminal Law
 
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Is Seeking Alimony in Your Best Interest? Learn About Your Options

Is Seeking Alimony in Your Best Interest? Learn About Your Options

Getting a divorce is difficult for most every couple, no matter how you look at it. There is often plenty of focus on how trying it is mentally and emotionally but it is important to understand that it can be financially devastating as well. In those cases, alimony is often the solution. If you are worried that you will not have the finances to continue in your current lifestyle then you should contact Law Offices of Torrence L. Howell as soon as possible at (909) 920-0908 for a free legal consultation.

There are laws that govern how alimony is determined

There are several factors that are used to determine how much alimony will be given but the main factor is the financial circumstances both spouses maintained during the divorce. If it is not reasonable to expect that one spouse can maintain that standard of living, and the other spouse is financially in a position to help then alimony may be awarded. Other factors that will determine how much alimony is given include:

  • How long the couple was married
  • How old both spouse are
  • The health of both parties
  • How much each contributed to the marriage – this includes not just financially but homemaking and child care contributions as well
  • Financial resources including non-martial and marital assets
  • Emotional / physical condition of both parties

There are three main types of alimony you can seek

When your divorce begins, your family law attorney should file for temporary alimony in order for your needs to be met while the divorce proceeds. As far as permanent alimony is concerned, there are three options:

  1. Transitional alimony: This is awarded as a one-time payment so that the lower-earning spouse is able to pay for something that will help them support themselves, such as buying a car, moving, etc.
  2. Rehabilitative alimony: This is awarded for a specific amount of time and the goal is to help the lower-earning spouse to go back to school, improve their job skills, or do something else that will allow them to improve their employability.
  3. Lifetime alimony. If you were married to your spouse for at least ten years then you may be eligible for alimony that is paid each month until your former spouse dies or you remarry.

Call now to discover your specific options

There are many options open to you. This may seem like a time of endings but it is a time of beginnings as well. If your spouse was the sole earner or higher earner then you may be eligible for financial help as you get your new life into order.

The best way to find out what your specific options are is to talk to an attorney. At Law Offices of Torrence L. Howell we can begin with a free legal consultation. This makes it possible for you to learn more about the options and how they may apply to your case. Call us today at (909) 920-0908 to begin the process.

Has Your Copyright Been Infringed Upon? Get the Details

Has Your Copyright Been Infringed Upon? Get the Details

If you have produced a unique work then you do not want it to be reproduced by someone else or attributed to someone else. But what happens if it is? Then it may be that your copyright has been infringed on. Read on more to learn about this type of case and then contact Law Offices of Torrence L. Howell at (909) 920-0908 if you are in need of a free consultation with a California business attorney.

Not all works are covered by copyright law

One of the first things that must be decided when looking to see if your copyright has been infringed on is what type of work it was and if it was covered. In this country, copyright laws cover works that are literary, musical, or audio-visual. These laws also cover motion pictures and choreography. More recent changes to the law have added engineering designs, architectural works, and software codes to the list of protected works.

Once you have established that your work is in one of the above categories you then have to prove that it was fixed or tangible. This means that it must have been preserved in some form that could have been reproduced.

Some of the most common types of work that are not copyrightable but people often believe are include typography, processes, public domain works, contents lists, procedures, and common property like charts and calendars. If you have a name or slogan that is being used illegally, that may be covered by trademark law but not copyright law. As you can see, the rules around these laws can be confusing. Reach out to an attorney for answers to your specific questions.

Has the work been registered?

Many people know that common law gives copyright as soon as a work is published. While this is true, it is also true that common copyright law doesn’t provide the protection you need. For that, you will need to have the copyright federally registered with the U.S. Copyright Office. If you want to file a lawsuit for copyright infringement – and seek damages for said infringement – then you will need to ensure that there is a federal registration on file. Once again, we can help with that.

Fair use could affect your copyright claim

Just because you have a work that was copyrighted and someone else used it does not meant that your copyright was infringed. For example, fair use can allow another person to a character non-commercially, if it is changed enough, if it does not affect your original, and in other cases. Fair use can allow someone to use your work with attribution and without payment.

The truth is that fair use is confusing and can often cause serious issues for a person who has worked hard on their own work. If you have questions about copyright law or need assistance from a business attorney then we urge you to contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free legal consultation.

5 Things to Look for When Hiring a Business Attorney in California

5 Things to Look for When Hiring a Business Attorney in California

Your company needs a business attorney you can rely on. At Law Offices of Torrence L. Howell we offer the professionalism, availability, and expertise you need. However, we know that you may consider a number of attorneys before deciding to work for us. For those purposes, we suggest that you consider the five following factors as you search for the best attorney.

  1. You need an honest business law attorney
  2. This does not apply to simply telling the truth. When we say you need an honest business attorney we also mean that you need an attorney who will be 100% direct with you. You do not want an attorney who sugarcoats anything or holds back the details you need. This is not helpful to you because you need as much information as possible to make the decisions you need to make.

  3. You need an efficient attorney
  4. Many people assume that they an attorney who is affordable but what they are actually looking for is an attorney who is efficient. This is the best way to get affordable services. You want an attorney who has steps in place to handle any situation and who can hand off simple tasks to associates. You need an attorney who can instantly spot potential mistakes and challenges to ensure that their strategy avoids them.

  5. An attorney that is growing
  6. Every business must grow if they want to succeed. You are going to be asking your business attorney for professional advice and assistance. Do you want to do that with an attorney that is stagnant? Be sure to ask any business attorney how they are growing, how they are staying on top of new laws, and where they see their firm in the future.

  7. An attorney that works specifically with business law
  8. You want an attorney with experience but experience alone is not enough. You also want an attorney that has experience that works with your unique needs. For example, if you are in the field of real estate then you would want a business attorney that has experience with real estate law as well. If you are working with copyright issues then you would want an attorney who has experience with copyright issues.

  9. An attorney with versatility
  10. Yes, you want an attorney that has specific experience in the type of business you are in but you also do not want to have to hire a new attorney every time a new issue arises. As a result, you want an attorney who has experience within business as a whole.

If you are ready for an experienced business law attorney then we look forward to talking to you. Just reach out to Law Offices of Torrence L. Howell at (909) 920-0908 and we can begin with a free legal consultation.

California Property Division: Who Gets What After a Divorce?

California Property Division: Who Gets What After a Divorce?

California divorce cases can be complex. Though this is a community property state in which both spouse tend to get half of the property obtained during the marriage, there exceptions and situations that make these rules more complicated. Read on to get the basics but reach out to a family law attorney if you want to find out more about how your specific case is likely to go.

What exactly is a community property state?

Even if you know that California is a community property state, you may not know the specifics of what that means when it comes to divorce cases. In short, it means that all marital property (which his property obtained during the marriage) is legally owned half and half by both spouses. As a result, when it comes time for divorce, each spouse gets half.

Property eligible for a 50/50 split

Anything that’s obtained during the marriage should be split 50/50. This may make it seem simple but that all depends on the parties involved. For example, if you obtained goods during the marriage that have sentimental value, how do you value that? What if you obtained a pet or several pets? Like it or not, the state of California considers pets to be property and it is treated as such. You cannot split a dog 50 / 50 and it is hard to put a monetary value on it. So what do you do?

Your attorney will work to get you half of what you are owed

In the example above, the dog would go to one spouse in exchange for something the other spouse wanted. Perhaps they wanted the better car in the divorce, and were willing to give up the dog to get it. The key is to have an attorney who can successfully negotiate to get you what you deserve. If both sides can’t come to an agreement, and if there is no pre-nuptial agreement to follow, then a divorce court judge will have to make a ruling about who gets what.

You need your own attorney

No matter how amicable your divorce seems, you need to have your own attorney. The reality is that almost any divorce is going to involve compromise. There are going to be some things you don’t want to give up that you are simply going to have to give up. When you have your own attorney, you can be assured that they have nothing but your best interests in mind. On the other hand, if you share an attorney with your soon-to-be-ex spouse, you will never be 100% sure that the attorney in question is really on your side.

If you are ready to find out more about your specific case and what may work best for you then we urge you to contact Law Offices of Torrence L. Howell at (909) 920-0908. We are happy to begin with a free legal consultation so that you have a better idea of what your options are. Call today!

Domestic Partnerships vs Legal Marriage: What are the Main Differences?

Domestic Partnerships vs Legal Marriage: What are the Main Differences?It wasn’t long ago that a gay couple that wanted to commit to one another had few options. One of those was to have a domestic partnership. These are very similar to what you would see called civil unions in other states and though they share some things in common with marriage, they are also different. Read on to learn more. If you have questions about domestic partnership, marriage, or divorce, please contact a family law attorney at (909) 920-0908 for a free legal consultation.

There are three main differences between domestic partnerships and legal marriage

In the state of California, there are several main differences between a domestic partnership and a legal marriage. People in a domestic partnership are those who meet very specific legal relationship requirements. Functionally it is similar to a marriage but legally it is quite different.

The purpose of domestic partnerships

California created domestic partnerships in 1999 to try and even the ground for same-sex couples who could not legally marry. In 2015 the U.S. Supreme Court made marriage legal for all people, regardless of their sexual orientation. The main issue that the California legislature hoped to address was the fact that same-sex couples did not have rights to share insurance benefits or to visit each other in the hospital. The domestic partnership option was only available to same-sex couples or couples in which one party was at least 62 years old.

Other states don’t always recognize domestic partnerships

In almost all situations if a couple gets legally married in one state or country, it will be honored in other states and countries. The same is not true for domestic partnerships. If a couple moves from California with their domestic partnership to another state that allows civil unions or domestic partnerships, then their domestic partnership will likely be honored. However, it is important to note that it may not come with the same rights due to California’s domestic partnership laws being so generous.

Domestic partnerships are easier to obtain

If you want to get married, you must get a license, have a ceremony, and then register the marriage. This comes with costs of filing the license, potentially paying for notaries, and of course the cost of working with a member of the clergy or another official. In most cases, it is much easier to get a domestic partnership. Though there are filing fees and signatures that need to be notarized, there is no requirement for a ceremony and no one needs to hire a judge or a priest to get it done.

Does it make sense to file a domestic partnership in today’s climate? Probably not. There are not as many right as are included in a marriage and since marriage is extended to everyone in California, most people would prefer a marriage. If you are thinking about getting married and want to cover your bases by creating a pre-nuptial agreement, reach out to an experienced attorney today.

Being Threatened with Violence is More Than Scary: It’s Illegal

If you’ve been threatened with violence by a family member or romantic partner then you should know that your fear is understandable. You should also know that it’s illegal. While it may seem that no one would take you seriously, there is good news for you: We will take you seriously. Keep reading to learn about the illegality of threats and then contact Law Offices of Torrence L. Howell at (909) 920-0908 to set up a consultation with a domestic violence attorney.

Don’t wait for your abuser to follow through on their threats

One of the biggest issues with these cases is that people often believe that there’s nothing they can do until their abuser follows through on the threats. This is not true. You don’t have to wait to be physically abused – you can get help right now via the Domestic Violence Protection Act. The best option is to work with a domestic violence attorney who can walk you through the process. This protection may apply to you if someone is making threats:

  • In person
  • Online
  • Against you
  • Against your children
  • Against other family
  • Against your pets

Not all threats count. The law states that the threats must be reasonable, which means that you must have a real fear for your safety.

We can help you prove threats of violence

It’s generally very easy to secure an emergency protective order but if you want a longer restraining order, or you want to keep your abuser away from children you have together, then you’ll need more than just your own side of the story – you’ll need proof.

As experienced attorneys, we know how to get this proof. We may need to look through your emails, texts, chats, etc. to find the threatening messages. We may look at pages from a diary, talk to witnesses, or find other proof. Our goal is to ensure that the judge issuing your restraining order understands just how serious these threats are and the danger you’re in.

You can leave today

The reality is that many people who are being abused stay because they don’t think they can afford to leave. If you are married then this is likely not true. We can help you secure a temporary spousal support and / or child support order so that you’re able to get out of a dangerous situation while you wait for your divorce. You are not stuck – no matter what your abuser may tell you.

The truth of the matter is that abusive people try to make those they abuse feel as though they have no options but you absolutely do have options. You can take action right now. Contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free, confidential legal consultation. Explain your situation and we can discretely get to work so that you’re not in further danger while we work on getting you out of there. You deserve to be safe. Call today for help.

A Step by Step Guide to Consider When Deciding on Child Support

Finding the right child support agreement is challenging. At Law Offices of Torrence L. Howell, we often find that clients aren’t even sure what should be included. They don’t know when child support should change, when it should stop, and what it should be based on. The good news is that you don’t need to know any of this – that’s our job. That said, read on to learn more about the details of child support settlements.

The four main things that should be in a child support agreement

First and foremost, your child support agreement needs to include the amount of child support. This can be decided on between you and the child’s other parent, or it can be litigated by the courts. Next, you need to decide on the date payments are to be made. Third, you need language that discusses cost of living adjustments, how often they’ll be given, and what they’ll be based on. Finally, the agreement should what will happen when your child (or children) are emancipated. Will it be reduced or ended?

What does emancipation mean?

Many people think of emancipation as a child suing their parent to be able to make their own decisions. This is just one example of emancipation. Your child support agreement should state what you consider emancipation. Is it when the child gets to a certain age? What age – 18, 21, 25? Is it when the child graduates college? When they get married? When they move out? Or when they get their first full-time job? These are all things that should be considered.

Who covers extra expenses?

Kids are expensive. No matter what age they are, there are likely to be extras. It’s best to have your child support agreement clearly lay out who’s responsible for these extra expenses. For example, if your child is attending private school, who will pay for that? Who’s going to pay for college? What about child care costs? If your child goes to summer camp or is involved in extracurricular activities, who pays for them?

Who will pay their medical bills?

Next, it’s time to consider who’s going to handle the medical bills. Yes, this includes insurance coverage but it includes a lot more than that too. For example, who’s going to file claims and get reimbursement if necessary? Who will pay for the expenses that aren’t covered by an insurance policy? Who will have the legal right to make decisions on any elective procedures, such as braces? Then remember that there are other potential medical costs like therapy, dental insurance, glasses, etc.

Will alimony be paid?

Finally, remember that there are other issues besides those that directly affect the child. Will alimony be paid? How much? Will there be a cost of living adjustment and how often? When will alimony payments be made? And for how long?

There many things to work through when you’re trying to find the right answer to child support questions. The best option is to have a family law attorney on your side. Contact Law Offices of Torrence L. Howell at (909) 920-0908 to begin.

3 Ways a California Contract Attorney Can Help Your Business

It would be virtually impossible to run your business without contracts. Without them, you’d have to rely on nothing more than trust, which can be a huge burden in this global business word. Without strong contracts, you’d have no legal recourse if someone you were working with didn’t hold up their end of the obligation.

However, it’s not enough just to have a contract – that contract must be properly devised and legally binding. This is where a California contract attorney comes in. At Law Offices of Torrence L. Howell we have experience with all aspects of contract law. We can draft, review, and work through disputes regarding contracts. You can count on our offices to help with every step of contract law. Read on to learn more about how our services may be useful to you, and then contact us at (909) 920-0908 to set up an appointment.

1. We can help draft contracts

Ensuring that your business interests are protected is highly dependent on your contracts. You need contracts for all relationships with clients, employees, suppliers, and any other person or entity that you do business with. When you choose us as your business law attorney in California, you can count on us helping you through every step of drafting binding contracts. With our help, you can avoid accidentally agreeing to any provisions that may later be deemed illegal or unfair, and we can help prevent loopholes from being written into your contracts that could later be used against you.

2. We can protect you contract disputes

If you do become involved in a contract dispute then our goal will be to have it handled without having to go to court. Going to court costs money, takes time, and is sometimes unpredictable. We will do what we can to keep you out of court, which begins with listening to your needs, your side of the story, and reviewing the contract. We can then give you honest advice about how strong your position is and what your options are. We can go over strategies to fight the case. Note that though it’s typically best for everyone to avoid going to court, we will not hesitate to do so if it’s in your best interest.

3. We can help you in the event of a contract breach

In the event that another person, company, or entity doesn’t follow the rules set out in a contract, we will mount an aggressive response. Our goal is to protect your interests and Attorney Howell will use his many years of experience to do so. Whether you’re the company that’s suffered the breach or the company that’s responding to it, you can count on one person to be on your side: Law Offices of Torrence L. Howell.

If you’re thinking of drawing up a new contract, have a contract dispute, or are on either side of a contract breach then we welcome your call at (909) 920-0908 for a free legal consultation.

Fight Against Harassment with the Help of a Domestic Violence Attorney

Fight Against Harassment with the Help of a Domestic Violence Attorney

No matter how it may feel, and no matter what your harasser may have told you, you do not have to live with harassment. You have help and it comes from a domestic violence attorney that has the experience, compassion, and tireless nature to ensure that your rights are respected. Contact Law Offices of Torrence L. Howell at (909) 920-0908 today for a free legal consultation to find out what your options are.

Yes, harassment can be a form of domestic violence

If there’s one thing that’s true about an abuser, it’s that they can come up with some very unique ways to scare their victims and make them feel as though they have no power. Harassment is one form that’s not always recognized as part of domestic violence. However, if your intimate partner does any of the following they it may be time to contact a domestic violence attorney:

  • Stalks you in person or online
  • Makes threats
  • Sends harassing texts
  • Makes harassing phone calls
  • Writes harassing email messages

These are all forms of harassment and they are all against the law.

A domestic violence attorney can help in a number of ways

If you’re being harassed by an intimate partner or a member of your family then we highly recommend you call us at (909) 920-0908 to secure a restraining order. There are many options and we can help you decide what’s best. For example, an emergency protective order offers five days of protection, a domestic violence restraining order can be good for between 15 or 21 days on a temporary basis, or up to three years on a permanent basis.

There’s also what’s known as a civil harassment restraining order. Note that in order to file a domestic violence restraining order, the person harassing you must be a live-in lover, ex, current dating partner, spouse, domestic partner, or close blood relative or relative by marriage, like a parent, grandparent, sibling, step-parent or child. If the person harassing you doesn’t fit into those categories because they are a family member outside of that list, such as an aunt or uncle, or because it’s a friend or neighbor, then we can help you get a civil harassment restraining order.

You don’t have to fight this alone – call us today

We know that this is a scary time. You may be afraid of the person who’s harassing you, or you may be so involved with them that you don’t think you can make it on your own. One thing to know is that if you are being harassed by your spouse, we may be able to help you get temporary alimony and child support to get you through while a divorce is processed.

No matter what your situation is, you don’t deserve to be harassed. You don’t deserve to be treated the way you’re being treated. And there is something you can do about it. contact Law Offices of Torrence L. Howell at (909) 920-0908 today for your free, confidential consultation.

Forming an LLC or Corporation in California is Simple with the Right Business Law Attorney

Forming an LLC or Corporation in California is Simple with the Right Business Law Attorney

If you’re ready to form an LLC or a corporation in Southern California, then it’s time to reach out to Law Offices of Torrence L. Howell. We can provide expert advice and legal assistance that ensures your rights and finances are protected. Read on to learn about your options and how we can help, and then reach out to us at (909) 920-0908.

The basics of an LLC

It’s common for a person to describe an LLC as an option that brings together the best parts of a general partnership with the best parts of a corporation. An LLC isn’t separate for taxing purposes, which means that a partner doesn’t get taxed two times on the profits they earn from the business. However, they are still protected personally in the event the company isn’t able to pay its debts or is sued. An LLC is a relatively simple corporate structure that gives you the protection you want without having to deal with a wealth of recording keeping requirements.

LLCs are often chosen by companies that intend to ho0ld appreciable assets in their business and don’t want to end up paying taxes on them twice, want to ensure that they are not personally liable for their business debts, don’t have a problem recording business profits and losses on their own income taxes, and will have only a few investors and most of those investors are involved directly in the business.

The basics of a corporation

On the other hand, a corporation is an independent legal entity. The advantage of this is that the corporation is responsible for 100% of the business debts. However, that also means that the company must pay its own taxes. As a result, partners will see the income from their corporation taxed two times. First, when the company earns it and second when those profits are paid to the partners. Corporations are also more expensive and can be more complex to set up compared to LLCs.

Corporations are often chosen by companies that intend to issue stock, want to ensure that owners get specific fringe benefits, aren’t bothered by the additional rules that regulate the required documentation of decisions and activities of the corporation, aren’t concerned with double taxation, want to leave the business to their heirs via gifted shares, and want to take advantage of splitting income on businesses that are very profitable.

The advantages of working with a business law attorney

It’s not legally required for you to hire a business law attorney to set up either a corporation or an LLC but it does help. You don’t want to miss an essential step or leave out components on your operating agreement. Doing this process incorrectly can lead to extra fees and even criminal action if the error is seen as deliberate. Don’t risk a company you haven’t even formed yet. Don’t be hurt by actions you take to try and protect yourself. Contact Law Offices of Torrence L. Howell at (909) 920-0908 to get a free consultation with a business law attorney.

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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

-Anonymous May 23, 2018

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