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The Servicemember's Civil Relief Act
The Servicemember's Civil Relief Act provides legal protection for those individuals on active duty in the military. The act protects servicemembers from certain judicial proceedings until the servicemember returns from military service, deployment or overseas duty. If civil action is taken against a servicemember while on active duty the servicemember has three legal protections: 1. In the event civil action is taken, the servicemember may apply to the court for a stay of proceedings. A stay of...
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Staff
12/12/2011 12:15:00 PM
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Board for Corrections of Military Records
A servicemember can appeal to the Board for Correction of Military records if an adverse action like poor evaluation or unfavorable discharge has happened. The Board for Corrections of Military Records is a civilian agency providing administrative review to correct the errors and injustices in a military record that negatively affect the servicemember. If you have any negative history on your military record we can help you contest the accuracy and fairness of your military record. Successful ap...
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Staff
11/15/2011 12:27:00 PM
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Military Search and Seizure
The Military Rules of Evidence provides that the search of a home, including the items within is prohibited absent a search warrant. However, a commander can order a search if there is probable cause to do. While probable cause affords commanders broad discretion to order searches, many limitations exist. For example, a warrantless search conducted by a third party, such as a servicemember's roommate, will be considered illegal if it was ordered by a commander. A military search and seizure can ...
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Staff
11/1/2011 12:25:00 PM
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Child Custody: Contesting Relocation
You may find that the primary custodian of your child is considering relocating with your child. If the other parent has petitioned for relocation you may have meritorious objections to the relocation. You must file an answer that includes all the reasons for objecting to the relation. The answer should demonstrate the amount of participation and involvement you have in your child's life. The more active you are in your child's life the less likely a court will order relocation. Relocation is ...
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Staff
10/28/2011 5:19:00 PM
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Formal Notice of the Petition of Administration
Have you been served with a Petition of Administration by formal notice for the estate of a loved one? You have limited time to contest the validity of the will, the testacy of the decedent and the qualifications of their personal representative. Estate administrators that suspect there may be a challenge to a will may serve the potential challengers with a Petition of Administration by formal notice. Unlike a regular Notice of Administration which allows individuals a three month period to con...
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Staff
10/24/2011 3:48:00 PM
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