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Upland, CA 91786
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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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News: Criminal Defense

Is a Clean Slate Possible for You? Learn About California Expungement Options

Is a Clean Slate Possible for You? Learn About California Expungement OptionsIf you’ve been convicted of a crime in the state of California, then it’s likely you’ve suffered some long-term consequences. For example, your reaction to a request for a background check is likely to give up – and background checks are needed for seemingly everything. From becoming licensed in California, to getting a new apartment, your criminal history can hurt your prospects for the future. The good thing is that there may be a way out for you and a California expungement lawyer like Law Offices of Torrence L. Howell may be able to help.

Not every type of criminal conviction is eligible for expungement

The first thing to understand is that not every criminal conviction will be eligible for expungement. However, if you have a conviction on your record and you didn’t go to prison, then you may be eligible. You may be surprised to learn that the issue isn’t whether or not the conviction is a misdemeanor or felony – in fact that doesn’t matter at all. As long as you didn’t spend time in prison, you weren’t convicted of a sex crime against someone who wasn’t of age, then you may be eligible for expungement.

What to do before you start the process

Before you’re eligible, you will need to serve all the time on your probation. You’ll also need to pay any fines you were required to pay, or restitution you were charged with. If you don’t commit any violations of your probation, and if you aren’t accused of or convicted of new crimes, then you can call Law Offices of Torrence L. Howell to find out if you qualify for the expungement process.

Juvenile expungements are different

In most cases, a person convicted of a juvenile offense won’t need an attorney. Those charges are expunged automatically after the person in question has served their sentence and when they are of legal age. Again, this is only true if they’ve stayed out of trouble between the time they were convicted and the time they come of age.

You can petition to have arrest records sealed and destroyed

Employers who do a background check are only allowed to consider charges you were actually convicted of, but that doesn’t meant that they won’t be prejudiced if you were simply arrested, even if it didn’t lead to a conviction. That’s why it may make sense for you to petition to have all arrest records that didn’t lead to convictions or plea deals be sealed by the courts and destroyed. When this is done, those arrest records are essentially erased completely.

If you’re ready to get a fresh start and finally move forward, then you’re ready to contact Law Offices of Torrence L. Howell. We are here to provide you with a free case evaluation. Just call us at (909) 920-0908 and we can briefly go over your case. We’ll let you know if you likely qualify, what the steps are, and how to get prepared. We are here to help you finally move forward without the burden of your past.

The 6 Biggest Factors That Can Affect a Custody Agreement

The 6 Biggest Factors That Can Affect a Custody Agreement

If you’re going through a divorce or separation, and you’re looking at a situation in which a custody agreement will need to be created, then it’s important that you have an attorney on your side. Even if you’re trying to get everything done with as little animosity as possible, you must take custody seriously. When you work with Law Offices of Torrence L. Howell, we will keep the children’s best interest first and foremost and will work tirelessly to find the best possible outcome for everyone involved.

Who gets custody? That depends on a number of factors

It used to be that the mother got custody almost automatically. It used to be that it was incredibly unusual for a father to get more than visitation. This is no longer the case and today the courts look at a wide range of factors when they’re considering custody agreements. Here are six of the factors they’re most likely to consider:

  1. The fitness of the parents. This includes their physical well-being, their mental health, and their moral fitness.
  2. How long the child has lived where they’re living. The courts generally want to avoid making wave’s in the child’s life. As a result, if the child is already in a stable environment that can be continued, the courts are likely to want the child to stay there.
  3. The ability of the parents to provide stability. Many parents believe that their income is a huge factor in deciding custody. This is not the case. While the courts do need to know that the custodial parent(s) can provide for the children, they consider stability to be more important than excessive wealth.
  4. The child’s preference. In the event that the child is old enough, their preference will be taken into consideration but it won’t be the only thing the courts use to decide.
  5. The ability of the parents to meet developmental needs. The courts will want to see that the custodial parent(s) can provide for the child as far as their development is concerned. This is more of an issue with special needs children.
  6. Prior domestic violence convictions. If there are situations or convictions of domestic violence, the courts are going to take that into consideration. This is why it’s always important to document everything if you’re the victim of domestic violence, and to consult with an attorney if you’re accused of domestic violence.

You need the right attorney on your side

When you work with Law Offices of Torrence L. Howell, you can count on our offices to immediately start crafting a strong argument for you to have custody. We’ll gather the needed evidence, speak with professionals such as child psychologists, and will work closely with you to find the best possible outcome for your child or children.

Now is the time to find out more about your rights. Contact us at (909) 920-0908 for your free case evaluation. We are here to help you through this difficult time.

6 Must-Follow Tips for Mothers Separating From Their Children’s Father

6 Must-Follow Tips for Mothers Separating From Their Children’s FatherIn most cases, a temporary separation is going to eventually lead to a divorce. In some cases, a couple can live together while they go through with the divorce proceedings, but in many cases they can’t. If you’re considering separating from your husband, here are six things you need to know about child custody before you do so.

  1. You need the advice of a family lawyer right away

  2. Don’t wait to contact a family law attorney. The sooner you get an attorney, the better your experience is likely to be. Getting advice from an experience law firm like Law Offices of Torrence L. Howell can start your case off on the right foot. Trying to handle things on your own often leads to mistakes for those who aren’t familiar with the complications of family law.

  3. Be wary of communicating with your spouse

  4. Anytime you’re communicating in a way that can be documented – such as texting or emailing – remember that what you’re saying can be used in court. If you’re feeling particularly emotional, whether angry, sad, or lonely, it’s best not to text your spouse. Instead, text a friend or family member. When you’re feeling more level-headed, then you can reach out to your spouse for whatever you need.

  5. Don’t allow yourself to be bullied

  6. If you’re the one leaving, then you may feel guilty. This may lead you to want to allow the father of your children to make some of the decisions that you should be making. You want to do what’s in the best interest of your child. Your family law attorney can help ensure you’re on the right page.

  7. Don’t make assumptions about what you’re required to do

  8. In some cases, the father demands that his wife move out. Don’t assume that you’re required to do so. Even if he technically owns the house, even if you’re not officially married, there are options. The only want to know what your particular options are is to call Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation.

  9. Remember that temporary support is an option

  10. One of the most common reasons that women don’t move out is because they’re worried about their finances. The good news is that we can request temporary support, which may include spousal support, child support, or both.

  11. Never represent yourself unless you absolutely have to

  12. You may think that you can’t afford to hire an attorney but the truth is that you likely can’t afford not to. If you’re trying to represent yourself and going up against your husband’s attorney, the results could be a custody arrangement that breaks your heart, a loss of financial support, and other legal outcomes that you simply weren’t prepared for.

Today is the day to call Law Offices of Torrence L. Howell. We offer a free consultation so you can learn exactly what your options are and the best way for you to move forward in your unique situation.

Learn Why Your California Corporation Needs to Meet Yearly

Learn Why Your California Corporation Needs to Meet Yearly If your corporation doesn’t regularly address compliance issues, you could be facing legal claims by a wide range of people, including employees, vendors, shareholders, and customers. You could also be opening up personal liability for what should be corporate obligations, you could be risking the dissolution of your corporation, you could be tarnishing the image of your company, increasing your costs of doing business, and limiting access to new loans and / or capital.

There is good news though: Many of these issues can be addressed if you meet yearly. Take this example: If you make sure that your corporation not only meets but takes annual minutes, then you could avoid personal liability being accused against the shareholders in the lawsuit. It just takes a few hours of time but it can make a big difference.

It’s all about written consents

If your company or LLC has a board of directors, then the burden of complying with a wide range of laws can be minimized by using written consents. For example, California allows actions by shareholders and directors without a meeting of everyone, as long as they have written consent. If you had your corporation set up correctly, then there should be a provision in your bylaws for this – and there should also be a schedule of annual meetings.

It’s easier than you think to decide when action is necessary

Many business owners have trouble feeling certain when they need the shareholders or their board of directors to take action. In general, if business is considered “not in the ordinary course of business,” then it’s necessary to get approval. Other specific actions always require the approval of the board of directors, such as selling the company, merging, or amending the articles of incorporation.

Examples of “not in the ordinary course of business”

It may initially seem convenient to have a specific definition of “not in the ordinary course of business,” but this isn’t a black and white term. There are gray areas. If you’re not sure, then your best bet is to call Law Offices of Torrence L. Howell for your free case evaluation. In the meantime, here are some things that would be considered not in the ordinary course of business and would require action from the board:

  • Purchasing expensive items
  • Issuing additional shares
  • Granting options for employees to buy shares
  • Signing contracts that commit the corporation to significant tasks for large amounts of money and / or long periods of time
  • Singing employment contracts with new corporate officers
  • Borrowing money
  • Transactions between shareholders and executive officers

As you can see, an annual meeting can help with these issues. You can get regular approval for the things you need approval for, without putting yourself at personal risk. For more information, contact Law Offices of Torrence L. Howell at (909) 920-0908 or fill out this form to schedule your free case evaluation.

7 Things You Must Know About Temporary Custody Orders in California

7 Things You Must Know About Temporary Custody Orders in California If your divorce is pending then you may need to request a temporary order of custody. As the name implies, this is a short-term custody agreement that is in place until a permanent judgment is issued at the end of the case. At Law Offices of Torrence L. Howell, we’ve been through many custody battles and have come up with seven things you should know right away.

  1. Get an order as quickly as possible

  2. If you have any reason to believe that the father of your children will try to take the children and not bring them back, then you need a custody order as soon as possible. It’s much easier for him to play games with parenting issues if there hasn’t yet been a custody agreement reached.

  3. Keep your eye on your child’s best interest

  4. Divorce is complicated. It can be painful. It’s easy to lose sight of the most important thing in a custody agreement: it’s all about your kids. At every step, be honest with yourself about what’s really best for their stability, safety, health, and educational needs.

  5. Be careful of taking extreme positions

  6. Do your best not to take an extreme position unless there’s a good reason for it. For example, asking for sole legal custody and only supervised visits is appropriate if the child is in danger. Danger means that the father is abuse either emotionally or physically, has a substance abuse problem, or other actual dangerous circumstances.

  7. Stick to the orders

  8. Once the judge has issued a temporary custody agreement, stick to it. Sure, if you need to make minor changes to pick up times or swap days once in a while, that’s fine. But if you make significant changes then it can cause issues in the future.

  9. Do your best not to separate siblings

  10. No matter what the age difference between siblings is, do your best not to separate them. Their bond is important – even if they disagree about which parent they want to stay with.

  11. Always be 100% truthful

  12. It’s tempting to exaggerate to get your point across. Many parents will do anything to keep their kids. However, remember that you’ll have to make statements under oath. If you’re found not to be truthful, then you could end up losing credibility that will hurt you during the divorce proceedings and the final custody agreement.

  13. A situation involving domestic violence requires different actions

  14. If you’ve been the victim of domestic violence, then you need protection. As a result, any temporary orders you ask for should include a restraining order. Even if you think it was a one-time event, remember that the safety of you and your children is the most important factor.

If you’re ready to learn more about temporary or permanent custody, then you’re ready to call Law Offices of Torrence L. Howell at (909) 920-0908. We offer a free consultation so you can find the right options for you.

Make Sure You’re Getting Your Fair Share: Property Rights in a Divorce

Make Sure You’re Getting Your Fair Share: Property Rights in a Divorce There’s nothing fun about a divorce but the division of property is often the hardest part of all. In some cases, one spouse will try to hide assets from another, in other cases one spouse will feel guilty and will have the urge to give away much more than they should.

The good news is that all it takes is a good property rights attorney on your side to ensure your rights are protected. At Law Offices of Torrence L. Howell, we know the pitfalls that are most likely to lead to an unfair division of assets. Attorney Howell has a background in both finance and business, which means he’s able to easily grasp even the most complicated financial information and use to your advantage.

California is a community property state: What does that mean for you?

Since California is a community property state, both spouse automatically get half of the assets and property that was acquired during the marriage. This can include things like the money in bank accounts, stocks and bonds, funds in retirement accounts, vehicles, jewelry, furniture, real estate property, and collectibles. On the other hand, anything that one spouse already had before the marriage, and any income that came from the property they already owned, remains their exclusive property.

Note that just because California is a community property state doesn’t mean that they’re required to split everything in half. Instead, you can work with a property rights attorney who will work with you to find an agreement that works for you. We can negotiate out of court, or offer expert representation in the courtroom. It all depends on how aggressive you want to be and what your options are. One thing’s for sure: We’re here to help.

What to do when business property is involved

If you or your soon-to-be-former spouse are the owner of a small business, then there will need to be special consideration made to decide how that business’s assets will be split. At Law Offices of Torrence L. Howell, we’ve worked with both business owners who wanted to ensure they didn’t have to give up a huge chunk of their business, as well as spouse who needed to ensure that they’d get a fair shake of a business they helped run.

Attorney Howell understands all the different perspectives and legal issues that can come up with these cases. No matter what side you’re on or what your goals are, you can count on him to represent your interests.

Call today for a free case evaluation

Today is the day to learn more about your options. All you need to do is call Law Offices of Torrence L. Howell at (909) 920-0908 for your free consultation. We are here to help ensure that you find the best possible outcome in this difficult time.

Upland California Custody Laws: What Factors Are Relevant?

Upland California Custody Laws: What Factors Are Relevant? If you’re going through a divorce, have already gone through a divorce, or have a child with someone you’re not living with, then you’ve likely wondered about California’s child custody laws. While we’re going to outline some of the basics, remember that these cases can get complicated. This complexity is exactly the reason that you need an experience family law attorney like Law Offices of Torrence L. Howell. Call us today at (909) 920-0908 for your free case evaluation.

The factors that affect child custody

As far as the court is concerned, the only thing that’s important when there’s a disagreement about custody is what’s in the best interest of the child. As the courts decide who has physical custody, legal custody, and rights of visitation, they will take the following into consideration:

  • The moral fitness of both parents.
  • Whether or not each parent is capable of providing a stabile routine for the child.
  • Prior domestic abuse convictions by either or both partners.
  • Where the child has been living, how long they’ve been living there, and how stable that environment is.
  • If the child’s old enough, then the courts will take their preference into consideration.

When you work with Law Offices of Torrence L. Howell, you can count on him to create a strong argument for your benefit. To do this, he’ll gather evidence that relates to the factors listed above. If needed, he will consult with social workers, child psychologists, and other specialists who can help your case.

Requesting custody of a child is not limited to the parents

In California, virtually any person who has a strong emotion tie to a child can request custody or visitation. There are conditions, of course most notably that they must not interfere with the rights of the child’s parents. This means that a grandparent, stepparent, or another relative could request custody and / or visitation. If you’re in this position, contact Law Offices of Torrence L. Howell for help on your case.

We can help with all your child custody needs

We are confident that you won’t find a better option than Law Offices of Torrence L. Howell. Attorney Howell has decades of experience and can help with every type of child custody need including seeking, enforcing, or modifying child custody orders. He can help you if you’re looking to prove paternity, if you want to take over guardianship, or if you want more information on your rights as a grandparent.

If you have partial or full custody of a child and want to move, or the other parent is moving, then we can help with the rules involving child relocation. We are here to help with every aspect of your case. Call Law Offices of Torrence L. Howell today at (909) 920-0908 for your free consultation and get your case moving forward.

Don’t Even Consider Buying or Selling a Business Without Getting a Lawyer’s Opinion

Don’t Even Consider Buying or Selling a Business Without Getting a Lawyer’s Opinion If you’re not growing in the business world then you’re not moving forward. This leads to a lot of buying and selling within the business sector. If you’re thinking of changing ownership or even business structure of a company you own, or you’re considering buying a business, then you need to discuss the details with an attorney.

Whether you’re adding a partner, dropping a partner, changing your business structure, or taking any other major action, Law Offices of Torrence L. Howell is the experienced business attorney you’ve been looking for. More than just a lawyer, Attorney Howell owns his own business and knows what it takes to keep one running. He knows how important the structure of the company is, and he knows how essential it is to detail them. If you want honest, accurate advice then you want to call us today at (909) 920-0908 to set up your free case evaluation.

Factors to consider when buying or selling a business

It’s true that businesses are bought, sold, and bought again every day. That may make some think that the sale of businesses is fairly straight forward. It isn’t. No matter the size or structure of a business, there are many factors that must be considered to ensure that everyone is safe from future lawsuits. When you hire Law Offices of Torrence L. Howell, he’ll make sure everything is clearly detailed and outlined, including:

  • The purchase price of the business.
  • What happens to any physical assets, including but not limited to, furniture, lists of customers, patents, and files.
  • Non-compete clauses if applicable.

Whether you’re the buyer or the seller, whether the entire business is changing hands or just a portion of it, Law Offices of Torrence L. Howell can help with all elements of the sale of a business.

Buying out a partner may be more complicated than it seems

When a current owner wants to buy out one of the other owners, it’s essential that an attorney look over the deal. This is a common occurrence after a divorce but there are many reasons it happens. Most of the time, the procedures for buying out one partner are outlined in the partnership agreement that was originally created. However, it’s still wise to hire an attorney to make sure that those procedures are followed.

We can help you change the structure of your corporation

The way you choose to structure your business affects a lot of things, including how much you pay in taxes and how much protection you get in the event your business fails. What was a smart business structure when you started isn’t necessarily the best business structure ten years down the line – or even a year down the loan. If you want to reevaluation your business structure to ensure it’s still the best option, call us at (909) 920-0908.

Work with a Family Law Attorney in Upland CA Who Will Be On Your Side

Work with a Family Law Attorney in Upland CA Who Will Be On Your Side

Any time there’s a dispute involving family law, you can bet there will be a lot of conflicting emotions involved, which can make it harder than it needs to be to get things done. Fortunately, you can turn to a family law attorney in Upland CA who will be there to look out for your best interests. In fact, Law Offices of Torrence L. Howell can help with a wide range of family law issues. Read on to learn more about them and then call us at (909) 920-0908 for your free consultation.

We can get you through the alimony process

Whether you’re requesting alimony from your soon-to-be-former spouse or they’re requesting it from you, you can count on Law Offices of Torrence L. Howell to use his years of experience to your benefit. Our goal will be to find a fair agreement for everyone involved.

Deciding on child custody doesn’t have to painful

You’d likely not be surprised to learn that many child custody battles are just that – battles. Law Offices of Torrence L. Howell will work to protect your interests and will do everything possible to fight for your right to the time with your child that you want.

Let a family law attorney in Upland CA help with your child support

It’s true that there are official California Child Support Guidelines that offer up the baseline child support amounts, it’s also true that no two situations are identical. As a result, you need an attorney on your side who’s going to consider your unique case and find the right solution.

Get help with all types of divorce

We’ve worked with clients who have had very simple, uncontested divorces and we’ve worked on very complex divorce cases. No matter where you fall on this spectrum, we are here to help. Law Offices of Torrence L. Howell will give you the honest advice you need about all aspects of a divorce, including dividing property, finding custody agreements, and alimony.

Do you need to modify a previous agreement?

Ideally, you’d make an agreement and it would work forever. Unfortunately, that’s not how life works. Whether there’s been a change in your financial situation, a chance in a child’s needs, or one former spouse is moving, if you need to modify your custody and / or support agreements, we are here to help. We’ll work to ensure that the agreements are fair to you and the children involved.

Now is the time to get a free consultation from a family law attorney

If any of the above services are what you’re looking for, then call Law Offices of Torrence L. Howell at (909) 920-0908 right away. If you need help with any other type of family law, there’s a good chance we handle that too. Give us a call and let us provide you with a free case evaluation. We’ll briefly consider your situation, your goals, and will give you our honest opinion on how to move forward.

How to Choose a Collaborative Divorce Attorney in Upland CA

How to Choose a Collaborative Divorce Attorney in Upland CA

If you’re on the verge of getting divorced and are looking for a way to do it that avoids the complications of court, a collaborative divorce may be the best option for you. However, in order to ensure your interests are protected, you need the right collaborative divorce attorney in Upland CA. Law Offices of Torrence L. Howell is here to fill that role for you – but first, let’s cover exactly what a collaborative divorce is.

Avoid the courtroom with a collaborative divorce

A collaborative law divorce allows you to skip the courts altogether. In fact, you never see a judge. Instead, both partners will work with numerous professionals, which could include divorce attorneys, child custody specialists, financial experts, and decide on every aspect of your divorce. The end result is a written agreement that both partners agree on.

The difference between a mediation and collaborative divorce attorney in Upland CA

When individuals aren’t familiar with collaborative divorces, they often confuse it with divorce mediation. While these two options are similar, there are major differences, including the fact that mediation uses a mediator to communicate between partners. They aren’t there to give legal advice, but they can steer the conversation into productive territory if it gets off track. Once again, they can’t make decisions or offer legal advice.

A mediation also doesn’t require you to complete everything in order to get divorced. As a result, mediation is often used to settle certain issues, such as custody or alimony, and the judge decides the rest.

On the other hand, with collaboration, each partner has a collaborative divorce attorney in Upland CA to offer legal advice and help them make decisions. They do have to resolve everything or they’ll end up having to go to court, but it’s a great option for couples who already know how they want everything split.

The advantages of working with a collaborative divorce attorney in Upland CA

There are some serious upsides to choose collaboration over other types of divorce. First of all, it allows both partners to be active participants in the outcome. It’s also often faster, cheaper, and less stressful. You get to skip all the formal court appearances that require time off of work. For those with children, it can also be easier on them.

Choosing the right attorney

Whether you’ve decided on collaborative divorce or you’re still considering your options, Law Offices of Torrence L. Howell is ready to work with you. We have decades of experience and a single goal: Helping you through your divorce. We are there to look out for your interests and to stand up for you if needed. We also respect your wish to work collaboratively and will be compassionate and careful with your feelings. To get your free evaluation, contact us today at (909) 920-0908.

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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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