The Legal Services Support Section is tasked with providing free attorney and paralegal assistance to uniformed service members, their family members and dependents, retirees and other eligible clients regarding personal civil legal matters. "Family members" or "dependents" are those persons identified in the sponsor's service record and/or who possess a valid United States Uniformed Services Identification and Privilege Card. Legal Assistance attorneys are available to assist clients with step-parent adoption, child support, consumer problems, contracts, debt and credit problems, immigration advice, wills, living wills, name changes, marital separation agreements, spousal support, and Notaries.
LEGAL ASSISTANCE
BLDG 22161
760-725-6558
760-725-6580
We do NOT provide legal advice over the phone. We cannot provide legal services without proper military identification. Those eligible for our services are limited to Active Duty and Retired Marines with ID card, and their dependents with ID card. Reservist service members are not eligible for our services unless they are serving on active duty orders for 30 days or longer (with some additional exceptions); Please bring a copy of your orders with you. DoD civilians are not eligible for our services (with some exceptions).
Bring all documentation relating to your case with you. If you do not have the necessary documents on hand, an attorney may not be able to provide advice to you.
22 Area Appointment Hours (Bldg. 22161)
Walk in hours: Tuesdays and Thursdays at 0730-1000; Wednesdays at 1230-1400.
The number of clients our office can see will vary based on number of attorneys available and on hand.
Divorce
Parties considering marital dissolution or legal separation can attend the online dissolution/legal separation brief held on Tuesday and Thursday at 0745 using Zoom www.zoom.com. We have suspended the classroom dissolution brief until further notice. Parties interested in attending the online brief must email Mr. Clark requesting the meeting (brief) invitation no later than 4 pm the day before the requested brief. Mr. Clark will send the meeting invitation email before 6 pm the day before the requested brief. Users have reported not being able to access www.zoom.com on the military government networks, so you should attempt to access the site and brief on a non-government network.
After you register for the brief, your registration confirmation email will contain the information needed to join the meeting. All participants will be placed in a waiting room until the Host admits them to the meeting. Each participant must request a meeting invitation and register for the meeting. Do not share the meeting invitation because only participants invited to the meeting by the Host will be allowed to enter the meeting.
Wills
The Legal Assistance office offers Estate Planning (wills and powers of attorney) classes followed by consultation with an attorney for those who want estate planning documents prepared by our office. Estate Planning (wills) classes do not require an appointment to attend, they are walk-in only, and they begin at 0745 and end at 0830 on Mondays and Fridays.
Estate Planning (wills and powers of attorney) classes are only offered in the 22 Area office (Bldg. 22161) on Monday and Friday mornings at 0745 and end at 0830
Services Not Provided by Legal Assistance
Personal Business Interests
Living Trusts
Claims against the government
BCNR Petitions
Fitness Report Rebuttals
Court-Martial or NJP Counseling
Traffic Violations
DUI/DWI Counseling
Criminal Matters or Bankruptcy
Powers of Attorney and Notary Public
22 Area office Legal Assistance offers Powers of Attorney and notary services in our 22 Area office (Bldg. 22161) on Mondays - Thursdays from 0730 - 1100, and 1300 - 1500, and on Fridays from 0730 – 1100
Traveling Legal Briefs
Preventive Law Briefs, Wills and Power of Attorney Briefs, and Pre-deployment Briefs may be scheduled by units for classes of 75+ attendees. Units deploying, please contact our Legal Assistance Office to Schedule Company or Battalion size briefs at least 3 months prior to deploying so that we have enough time to meet your unit's request. We do not provide Law of War or Rules of Engagement Briefs - please contact the Camp Pendleton Civil Law Office or your Staff Judge Advocate to schedule those briefs."
Regional Director: Mr. Richard
Regional Family Law Paralegal: Mr. Clark
Regional Immigration Paralegal: Ms. Moreno
Exceptional Family Members Program Attorney: Ms. Taylor
(POC for scheduling unit briefs regarding wills/POAs/pre-deployment/etc.)
* Point of Contact for all personnel is 760-725-6558 / 760-725-6172 *
Q. What is a living will?
A. A living will is a document that is signed by you which says that if you enter into a persistent vegetative state, such as being in a coma, you are being kept alive only by life support, and you probably are not going to be able to live without life support ever again, then you want to have life support withdrawn and die a natural death. A living will prevents your family and friends from having to make the decision of whether you should be able to die a natural death in such a situation.
Q. If I deploy, may I have my automobile lease cancelled?
A. Yes, if you deploy for more than 180 days, then you may have your automobile lease cancelled under the Servicemembers Civil Relief Act (SCRA), so that you won’t be paying money on a car that you are not using.
Q. What should I know before buying a car?
A. Many things, but know first and foremost that buying a car is a big financial decision and can be very complex. Take your time, and make sure that you are getting a good deal. Stay away from shady used car dealers in town who prey on Marines and sailors and pressure them into making bad financial decisions. Feel free to come see Legal Assistance before buying a car in order to see if you are making a good decision.
A. Yes. If you are an active duty member of the military, you may have an active duty fraud alert placed on your credit by the three major credit reporting agencies. This active duty fraud alert will help protect you against identity theft. See the following link: http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt147.shtm
Q. If I deploy or PCS, may I break my residential lease?
A. Yes. If you deploy for more than 90 days or PCS, including EAS, then the Servicemembers Civil Relief Act (SCRA) lets you have your lease broken. Under the SCRA, you must give written notice of termination AND a copy of your orders to your landlord, and your landlord has 30 days after the next date when rent is due before he is required to break the lease. For example, if your rent is due on the first day of each month and you give written notice of termination and a copy of your orders to your landlord on 4 April, then your landlord has 30 days after 1 May, the next date when rent is due, before he is required to break the lease. So, the earliest date when the lease would have to be broken is 31 May.
NEW WALK-IN HOURS FOR IMMIGRATION
Immigration Clients will be seen on Thursdays Morning at 0730
Please enter through the front of the building and check in with the clerk
Immigration - (Green Card, Removal of Condition, Parole in Place, Fiancée Visa’s, and document review)
Green Cards for spouse’s
If spouse is in the U.S both parties must be present. No exceptions
Parole In Place
For spouse’s Military Parole in Place both parties must be present. No exceptions.
Removal of Condition
Only the petitioner (Military Member) needs to be present.
Parents
For Parent’s Petition, such as green cards or Parole in place: Only the petitioner (Military Member) needs to be present.
Document Review
Both (Petitioner & Beneficiary need to be present.
Due to the long wait children are not allowed during immigration walk ins. Thank you for your understanding.
Citizenship
Naturalization (N400’s) and Citizenship (N600s) hours remain the same Wednesday’s at 7:30 am. Please enter through the back of the building, bring something to write with.
CONTACT INFORMATION
Appointments may be made by contacting the VLC Paralegal at 571-465-6539 or after hour emergencies at
760-213-3702
Legal advice and counseling for victims of crimes under the UCMJ
VLC provide victims an overview of the military justice system, including: investigation of crimes; roles and responsibilities of the convening authority, trial counsel, defense counsel, and investigators; purpose of the Article 32 hearing (also known as a Preliminary Hearing); pre-ferral and referral of charges; trial procedures; and evidentiary matters.
VLC assist victims to understand legal options including: obtaining restraining orders and military protective orders; making Restricted versus Unrestricted reports of sexual assault; and obtaining testimonial or transactional immunity regarding collateral misconduct before testifying against the accused in the case.
Privileged, confidential communication with a VLC attorney devoted to protecting your interests in the military justice process
Marine Corps VLC are judge advocates, who are highly qualified attorneys with extensive military justice backgrounds, have completed a certified victims’ advocacy course, and are required to be selected through a "sensitive screening process."
VLC do not report to your commanding officer, law enforcement, or any other entity unless you make a specific request. The VLCO chain-of-command is functionally independent of convening authorities, staff judge advocates, LSSS OICs, trial counsel, and defense counsel. VLC are under the supervision of, and report to, the OIC, VLCO, who reports directly to the Staff Judge Advocate to the Commandant of the Marine Corps.
VLC can provide information and guidance to victims regarding any crime committed in violation of the UCMJ
The VLC will assist you in understanding the military justice system, which includes the investigative and disciplinary processes, and will promote and protect your rights and interests in the military justice system. This will include, with your permission, advocating on your behalf to various parties such as military criminal investigators (NCIS, CID, etc.); military commanders (including convening authorities); lawyers for military commanders (also known as staff judge advocates); military prosecutors (also known as trial counsel); the offender’s defense counsel; pretrial investigation officers; pretrial confinement initial review officers; and military judges. I can attend your interviews with investigators, trial counsel, and defense counsel.
VLC will refer victims to defense, legal assistance, and/or civilian resources when appropriate
VLCO services supplement, not replace, existing victim support services, including assistance currently provided by VWAP, SAPR Program, FAP, SARC, and Victim Advocates.
Restricted reports remain restricted; all communications with VLC are confidential Conversations between VLC and victims are confidential and privileged communications. The relationship between a VLC and victim is that of an attorney-client relationship.
Assist with obtaining Military/Civilian Protective Order (MPO/CPO)
Assist with expedited transfer (unrestricted report)
WHO QUALIFIES?
Members of the Armed Forces who are on active duty
Reservists serving on active duty
Members and former members entitled to retired or retainer pay
Military dependents of service members and retirees
All DOD employees who are a victim of sexual assault (only)
OTHER RESOURCES
SARC
Mental Health
Community counseling services
Medical services (SAFE-kit Unrestricted report) CA is a mandated reporting state
Victim witness Assistance Program
The Legal Services Support Section at Camp Pendleton offers assistance to individuals with legal problems in regards to billing errors, defective goods, theft or fraudulent use of your credit, landlord tenant issues, and contracts.
Anyone concerned with one of these issues can come in during our walk-in hours to speak with an attorney. (see Services & Hours) Our attorneys will be able to provide guidance on the law, but will not be able to represent you in court.
The attorneys will also be able to recommend the correct course of action to take, or contact the opposing party in order to resolve the dispute. In order to help the attorney it is important that you bring all necessary documents with you to the walk-in appointment.
Your documents will provide the attorney with the necessary information in order to act on your behalf and settle your dispute.
Certain issues can be handled through Small Claims Court. Small Claims is a proceeding where both parties come before a judge without lawyers and tell their story. The judge will then make a determination based on the facts presented. Small Claims Court can be an inexpensive alternative. For more information please read the Small Claims Court document
Download the Consumer Referral List
Another useful source of information is www.sdcourt.ca.gov
All three credit bureaus will allow consumers to "freeze" their credit histories to counter the threat of identity theft. Each Credit Reporting Agency usually will charge $10 to "freeze" or "thaw" an account.
The Legal Services Support Section can prepare and execute wills free of charge for service members, families, and retirees.
A Detailed Will is appropriate when an individual has significant assets or would like more elaborate estate planning provisions. A testamentary trust may be an appropriate estate-planning tool utilized by a Legal Assistance Attorney in limited circumstances. You should speak to a Legal Assistance attorney if you believe that you need a testamentary trust.
You may also obtain an Advanced Medical Directive and Living Will at the Detailed Will appointment if you desire.
An Advanced Medical Directive appoints someone to make health care decisions for you if you become incapacitated.
A Living Will addresses the testator’s wishes with regard to the withholding or withdrawal of live support treatment.
Detailed Wills are by appointment only so that an attorney may draft and execute the document.
Client Intake Form
Estate Planning Services
Before speaking with an attorney about a will or other estate planning matters, you must attend the Estate Planning Presentation on Monday or Friday at 0730 and will end at 0830 in the 22 Area office only. Individual Will counseling will commence at 0830 and end at 1130. Note: Depending on attorney availability, there may a short wait to see an attorney.
California Courts - Wills, Estates, and Probate
Online form Lexis EP Worksheet - C16 Single or Married or RDP No Kids Now or Near Future
Online Form Lexis EP Worksheet C16 Client With Children Or Children Near Future FINAL MAY 2022
Family Law Services
Family Law walk-ins are held on Tuesdays and Thursdays at 0730 and Wednesdays at 1300 in the 22 area office
http://www.courts.ca.gov/selfhelp.htm
Divorce/Legal Separation
Parties considering marital dissolution or legal separation can attend the online dissolution/legal separation brief held on Tuesday and Thursday at 0745 using Zoom www.zoom.com. We have suspended the classroom dissolution brief until further notice. Parties interested in attending the online brief must email Mr. Tracey Clark tracey.clark@usmc.mil requesting the meeting (brief) invitation no later than 4 pm the day before the requested brief. Mr. Clark will send the meeting invitation email before 6 pm the day before the requested brief. Users have reported not being able to access www.zoom.com on the military government networks, so you should attempt to access the site and brief on a non-government network.
After you register for the brief, your registration confirmation email will contain the information needed to join the meeting. All participants will be placed in a waiting room until the Host admits them to the meeting. Each participant must request a meeting invitation and register for the meeting. Do not share the meeting invitation because only participants invited to the meeting by the Host will be allowed to enter the meeting.
Divorce/Legal Separation Mediation
We have suspended the in-person mediation program until further notice, but assistance may be provided through the Do It Yourself (DIY) mediation program. The DIY mediation program's steps will be contained in the dissolution brief meeting invitation email or can be requested by emailing tracey.clark@usmc.mil. Mediation services provided by the Camp Pendleton Legal Assistance Office will be covered during the dissolution/legal separation brief.
Child Support
http://www.courts.ca.gov/selfhelp-support.htm
Child Custody
http://www.courts.ca.gov/selfhelp-custody.htm
Court Forms
https://www.courts.ca.gov/forms.htm?query=divorce
Dependent Support and Paternity Matters
Legal Support and Administration Manual MCO 5800.16
The Legal Services Support Section can assists individuals with landlord/tenant matters.
Should an individual have any problems with a landlord, our office can provide assistance on the law and contact the opposing party to resolve the problem.
• Service Members Civil Relief Act - Letter for Residential Lease Template
Common issues that this office can assists you with:
• Rental property that is uninhabitable
• Illegal retainer of security deposit or prepaid rent
• Illegal fines or penalties
• Early termination of a lease
In order to ensure full assistance, an individual should bring the following items:
• Rental Agreement
• All correspondence with the landlord or property manager
• Contact information on the landlord or property manager
Security Deposit Refunds
One of the most common problems is a disagreement between the landlord and the tenant over the refund of the security deposit when the tenant moves out. California law specifically allows the landlord to use a tenant’s security deposit for 4 purposes: unpaid rent; cleaning (but only to make the unit as clean as it was when the tenant moved in); for repair of damages (other than normal wear and tear); if the rental agreement allows it then the cost to replace keys or furniture. Under California law, 21 calendar days or less after you move, your landlord must either: Send you a full refund of your security deposit; or mail or personally deliver to you an itemized statement that lists the amounts of any deductions from you security deposit and the reasons for the deductions, together with a refund of any amounts not deducted. The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from you security deposit. The landlord must include the receipts with the itemized statement.
Uninhabitable Property
There are many kinds of defects that could make a rental unit unlivable. Should the individual feel the premises are uninhabitable, you should inform the landlord in writing of the situation. Individuals with landlord/tenant issues should consult an attorney prior to conducting self-help repairs, withholding rent, or abandoning the property.
Early Termination
Military members are entitled to break a lease before its normal expiration date if they receive PCS orders or deployment orders for a deployment that will last more than 90 days. The tenant must provide written notice to the landlord and provide a copy of the orders. The military member is liable for the remainder of the current month plus one more month on the lease. For example: If a member provides notice and orders on July 30, the lease will terminate on Aug 31, but if the member provides notice and orders on Aug 2, the lease will terminate on Sept 30. Proper planning is important to forego having to pay an extra month of rent.
Eviction Process Flowchart
The Legal Services Support Section is available to give presentations on wills and powers of attorney to deploying units. The unit's legal officer or training officer/chief should contact the Legal Assistance Office to schedule a brief no later than 3 months prior to the deployment in order to give the Legal Services Support Section enough time to prepare the unit's wills and powers of Attorney. Please read the letter of instruction below and contact the Legal Services Support Section by faxing or mailing a completed questionnaire with the required information.
The Legal Services Support Section (LSSS) is also available to participate in briefs given to deploying Marines and their family members. The JLAO portion of the brief provides information on Service Members Civil Relief Act and its application, Immigration Law and general Consumer Law pitfalls.
Pre-Deployment Brief Letter
Complete the form below and return to our office for all traveling brief requests:
Pre-Deployment Brief Request Form
The Legal Services Support Section is available to give presentations on preventative law to new Marines. This brief gives useful and essential knowledge to new Marines regarding the following topics: car buying, financing, identity theft, marriage/divorce, estate planning, etc. The unit's legal officer or training officer/chief should contact the Legal Assistance Office to schedule a brief no later than two (2) weeks prior to the desired brief date in order to give the Legal Services Support Section enough time to prepare. Please read the letter of instruction below and contact the Legal Services Support Section by faxing or emailing a completed questionnaire with the required information.
Complete the form below and return to our office for all travelling brief requests:
Preventative Law Brief Request
Request Letter
Mission
The mission of the Staff Judge Advocate is to provide accurate and timely legal advice and services to the Commanding General, subordinate commanders, and staff in areas of civil law, administrative law, standards of conduct, magisterial functions, and disciplinary issues. Provide limited legal services for military members, retirees, and family members.
For information concerning Article 32 Investigation Hearing Schedules, please contact the Military Justice Office at the Legal Service Support Section at 760-725-3952
For those wishing to attend scheduled Article 32 Investigation Hearings, please call the Communication Strategy & Operations of at 760-763-2760 to be directed to appropriate command.
For submitting Claims, please contact Norfolk Tort Claims Unit at https://www.jag.navy.mil/organization/code_15.htm
Contact SJA at 760-725-6115
For information on how to request mast:
https://www.dvidshub.net/video/757919/requesting-mast
OFFICE OF THE BASE MAGISTRATE
The Office of the Base Magistrate operates under the direction and supervision of the MCIWEST-MCB Camp Pendleton Staff Judge Advocate and is primarily responsible for the administration and conduct of Traffic Court, the adjudication of incidents of misconduct occurring aboard the Base, the identification, training and supervision of those Field Grade Officers assigned in support of the Initial Review Officer (IRO) process, and the coordination and liaison with law enforcement agencies, both civilian and military in order to effect the service of process, subpoenas, warrants, and other civil documents. In addition, the Office of the Base Magistrate monitors and supervises civilian insurance agencies in order to coordinate the appropriate level of access to the Base for their respective agents.
The Office of the Base Magistrate is located in Building 22161, adjacent to both the Legal Assistance Office and the IPAC.
Magistrate Hearing Appeal Letter
Points of Contact
Base Magistrate 760-725-6408
Civil Processing Officer 760-725-5561
Civil Processing Clerk 760-725-6408
Base Magistrate Fax 760-725-5920
Traffic Court Reference: MCIWEST-MCB CAMPENO 5000.2
Per CG MCIWEST-MCB CAMPEN Policy Letter 5-19, violators in Enlisted paygrades E-5 and below will be accompanied at Traffic Court Hearings by a Staff Non-commissioned Officer (E-6 or above) in the Service Member’s chain of command. SNCOs and Officers will be accompanied at Traffic Court Hearings by the first Officer in their chain of command.
What time does Traffic Court convene?
Traffic Court is convened on Wednesdays at 0730 in Building 22161.
How can I find out what the penalty is for my specific traffic violation?
See Figure 4-11 of MCIWEST-MCB CAMPENO 5000.2.
What if I cannot appear on my scheduled Traffic Court Hearing date?
Contact PMO (Police Records) at 760-725-0819 in order to reschedule a Hearing date. This action must be coordinated prior to your assigned Hearing date.
Can I plead guilty to my Traffic Ticket over the phone?
Contact PMO (Police Records) at 760-725-0819 in order to determine if your offense meets the eligibility requirements for early adjudication.
Can I adjudicate my ticket prior to my assigned Traffic Court Hearing date?
Contact PMO (Police Records) at 760-725-0819 in order to determine if your offense meets the eligibility requirements for early adjudication.
What may happen should I “Fail to Appear” at my assigned Traffic Court Hearing date?
Your driving privileges may be suspended for a period of up to 24 months aboard all military installations under the jurisdiction of the Armed Forces of the United States of America.
What is the difference between a DD Form 1408 (Armed Forces Traffic Ticket-Pink) and DD Form 1805 (United States District Court Violation Notice-Yellow)?
If you are issued a DD Form 1408, you are required to appear before the Base Magistrate in order to have the ticket adjudicated; however, if you are issued a DD Form 1805, you are required to appear before the Federal Magistrate in order to have the ticket adjudicated. Note: If you are cited for a Traffic violation and it is noted that you are within 30 days of your EAS, you may be issued a DD Form 1805.
How will an Off-base DUI affect my ability to operate a vehicle aboard the Base?
Per MCO 5110, “the immediate suspension of installation driving privileges is authorized for Active Duty military personnel, family members, retired members, and DoD personnel pending the resolution/adjudication of an intoxicated driving incident regardless of the geographical location of the intoxicated driving incident.”
If I am cited for a DUI, or any other offense which may result in suspension of my driving privileges, may I bring my completed request for “Limited Driving” to my Traffic Court Hearing?
No. Based upon the specific traffic offense for which you were cited, there will be a mandatory “minimum suspension period” that will dictate when you are eligible to apply for Limited Driving.
Matters of Misconduct occurring aboard the Base
Reference: MCIWEST-MCB CAMPENO 5000.2
For questions regarding matters of misconduct occurring aboard the Base, to include, theft of MCCS merchandise, Family member misconduct, Housing misconduct, Pet Revocation Hearings, Juvenile misconduct and Housing Termination Appeal Hearings, please contact the Office of the Base Magistrate (Civil Processing Officer) at 760-725-5561
Initial Review Officer (IRO)
Reference: MCIWEST-MCB CAMPENO 5000.2 and MCM
For questions regarding the identification, training and supervision of those Field Grade Officers assigned in support of the Initial Review Officer (IRO) process, please contact the Office of the Base Magistrate at 760-725-5074
Civil Processing
Reference: MCIWEST-MCB CAMPENO 5000.2 and JAGINST 5800.7_ (JAGMAN)
For questions regarding the service of process, subpoenas, warrants, felony warrant turn-overs, vehicle repossessions, and other civil documents, to include the issuance and retraction of Military Protective Orders (MPOs), please contact the Office of the Base Magistrate (Civil Processing Officer) at 760-725-5561
Base Insurance Officer
Reference: SECNAVINST 1740.2
For questions regarding base access for commercial insurance agencies/agents or questions regarding their conduct/access aboard the Base, please contact the Office of the Base Magistrate (Base Insurance Officer) at
760-725-5561