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Marines


MCB Camp Pendleton

MCB Pendleton Seal
Legal Assistance Office

The Regional Law Center – West (RLC-W) 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 7:30 a.m. - 10:00 a.m.; Wednesdays at 12:30 p.m. - 2:00 p.m..
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 7:45 a.m. 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 4:00 p.m. the day before the requested brief. Mr. Clark will send the meeting invitation email before 6:00 p.m. 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 7:45 a.m. and end at 8:30 a.m. 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 7:45 a.m. and end at 8:30 a.m. 

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 7:30 a.m. - 11:00 a.m., and 1:00 p.m. - 3:00 p.m. , and on Fridays from 7:30 a.m. – 11:00 a.m.

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 April 4th, then your landlord has 30 days after May 1st, 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 May 31st.

NEW WALK-IN HOURS FOR IMMIGRATION

Immigration Clients will be seen on Thursdays Morning at 7:30 a.m.
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 a.m.  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, Regional Law Center – West (RLC-W) 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 7:30 a.m. and will end at 8:30 a.m. in the 22 Area office only.  Individual Will counseling will commence at 8:30 a.m. and end at 11:30 a.m. 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 7:30 a.m. and Wednesdays at 1:00 a.m. 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 7:45 a.m. 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 6:00 p.m. 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 Mr. Clark . 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 30th, the lease will terminate on Aug 31st, but if the member provides notice and orders on Aug 2nd, the lease will terminate on Sept 30th. 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 Regional Law Center – West (RLC-W) 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