Need someone with legal/law enforcement experience

[thejoz 0]

Okay, I'll try and tell what I can of this story:

A friend of mine, USC, met and began dating a British national a couple of months ago. They had what seemed to be a good relationship, but now they've had a nasty, bitter breakup.

The British girl has made a habit of coming to this country often for visiting or other activities, and she wants to come back to visit her friends around Christmas.

Twice now, the most recent being just a few minutes ago, I am being told that the ex or family members of the ex have put out some sort of warrant for her arrest or, as was just phrased to me, 'an injunction' put out against her.

Her ex is a local police officer.

Now, my own wife and our friend seem to think this is a bunch of posturing and bullsh*t from her ex. We believe that because he has a badge, that he's using his knowledge of the law to try and prevent her from coming back into the country because they don't like her.

This girl has not committed any crime, yet they are running their mouth about harassment or some such noise. She wrote a very long apology-cum-insult letter to them the other day, but beyond that, she's not done anything that I believe any legitimate law enforcement would construe as criminal harassment.

She wants to ignore them and just live her own life, yet they seem intent on, ironically, harassing her.

She is very upset about the prospect of perhaps coming back into the country and being arrested because of something a vindictive ex has done to her...

But can this even happen? She's not really done anything wrong, except piss someone off. She's not planning any sham marriages or any immigration violations or anything, so it's not like they would be exposing any illegal activity or anything.

Is such a warrant put out by a local police force even possible? Can someone be arrested/detained/deported/anything for such petty bullsh*t?

We've tried to not get in the middle of this, but we can't believe this is anything other than immature posturing.

If anyone has any legal experience and can help us (and by virtue help her) that would be extremely appreciated.

Thanks.

[rebeccajo 14]

Your post is confusing.

Who (in this story) is your friend? Is your friend a new romantic interest of the UK citizen in question?

Did this UK citizen (female I think) have a relationship with this 'ex' in the US or the UK. In other words, is the 'ex' a UK citizen who also happens to be a police officer, or a US citizen who happens to be a police officer?

Where are these 'charges' filed? The US or the UK?

[thejoz 0]

Our friend is a British girl named Katie.

She came to the US and had a relationship with another friend of ours, a USC named Justin.

They had the relationship here.

They broke up, badly.

She's come and gone to the US a few times since, she has other friends here as well.

Justin once threatened her saying he could take a warrant out for her arrest, she got upset, but came back anyway, feeling that he couldn't or wouldn't follow up on it. Now, one of her friends here named Nick tells us that Justin's sister-in-law ran her mouth about 'an injunction' against Katie, but against what, he didn't say.

Basically, it sounds like Katie's ex and his family are trying to say "You can't come back to our country" because they don't like her; I want to know if they legally have any right to do this since she hasn't actually broken any laws that I'm aware of, they're just mad at her.

[rebeccajo 14]

Our friend is a British girl named Katie.

She came to the US and had a relationship with another friend of ours, a USC named Justin.

They had the relationship here.

They broke up, badly.

She's come and gone to the US a few times since, she has other friends here as well.

Justin once threatened her saying he could take a warrant out for her arrest, she got upset, but came back anyway, feeling that he couldn't or wouldn't follow up on it. Now, one of her friends here named Nick tells us that Justin's sister-in-law ran her mouth about 'an injunction' against Katie, but against what, he didn't say.

Basically, it sounds like Katie's ex and his family are trying to say "You can't come back to our country" because they don't like her; I want to know if they legally have any right to do this since she hasn't actually broken any laws that I'm aware of, they're just mad at her.

Thanks for the explanation.

Sounds to me like they are just running their mouths.

US law enforcement has no jurisdiction over Katie unless she has broken US laws. If Katie knows she has done no such thing, then she should be unafraid to enter the US. If her ex-boyfriend, the renegade cop, has managed to obtain some sort of injunction against her by fraudulent means, she can avail herself of any British embassy in the US.

If Katie is innocent of any wrongdoings, I suggest she rely on the language in her passport which states she is a traveler under the protection of the Queen and the British government, and that she is allowed free passage to the US.

[LorriQ 0]

Check it out through the local clerk of court. If anything was "warranted" it would have to be filed.

I agree it sounds like a load of bs.

[rebeccajo 14]

Check it out through the local clerk of court. If anything was "warranted" it would have to be filed.

I agree it sounds like a load of bs.

An arrest warrant will not be a matter of record in any Clerk's office until the party has actually been arrested and charged and a hearing held before a judge. Only then is there an actual criminal matter before the courts.

*edited to add that the warrant will not be on the public record until there is a hearing. Warrants are on file for use of law enforcement*

Edited December 7, 2008 by rebeccajo

[LorriQ 0]

Check it out through the local clerk of court. If anything was "warranted" it would have to be filed.

I agree it sounds like a load of bs.

An arrest warrant will not be a matter of record in any Clerk's office until the party has actually been arrested and charged and a hearing held before a judge. Only then is there an actual criminal matter before the courts.

I was thinking along the lines of a restraining order which would have to be filed. Not an arrest - sorry for the use of the word "warranted".

[brnidokiegurl 0]

should be able to check the court records and see if any charges were filed or warrants outstanding, even if they were there not sounding to bad if she dont even know what she did, just have her call and talk to someone in records, matter of fact if he is a lawman and saying these things that arent true she may can get him in some trouble kinda like a harrassment if she can prove it

there are many warrants out after charges are filed, like bogus checks, checks wrote, returned, charges filed, warrant to find and bring this person in

[kaydee457 13]

Your post is confusing.

Who (in this story) is your friend? Is your friend a new romantic interest of the UK citizen in question?

Did this UK citizen (female I think) have a relationship with this 'ex' in the US or the UK. In other words, is the 'ex' a UK citizen who also happens to be a police officer, or a US citizen who happens to be a police officer?

Where are these 'charges' filed? The US or the UK?

Perfectly clear to me......

The U.S. certainly does have jurisdiction over any foreign national entering the U.S.

From your description (I'm talking to the OP) it sounds like the "LEO" was seeking an order of protection against your other friend (Katie), perhaps based on the content of the letter she sent.

If he's successful in obtaining an order of protection she simply needs not violate that order if, and when she's in the U.S., whether she's here as a "Tourist" or not.........has nothing to do with her coming and goings into and out of the U.S.A.

As far as I know the Order Of Protection does not inhibit her travels to/from the U.S. unless she violates it, and therefore is arrested, and convicted......again, assuming he actually obtained an a Court order against her in the first place.

Is this the circumstance concerning the "injunction" you speak of?

[thejoz 0]

Well, I figured that the only possible route here was a restraining order against her, and obviously, if she had one of those put out against her, and she violated it, I would have zero sympathy for her if she did it.

But I mean, they seem to be telling her that they can have her arrested simply by coming into the country, and I figured that in and of itself was BS.

I didn't read the whole letter, but basically she apologized here and there, and she did criticize his family and their lifestyle, but she didn't threaten anyone.

[kaydee457 13]

Well, I figured that the only possible route here was a restraining order against her, and obviously, if she had one of those put out against her, and she violated it, I would have zero sympathy for her if she did it.

But I mean, they seem to be telling her that they can have her arrested simply by coming into the country, and I figured that in and of itself was BS.

I didn't read the whole letter, but basically she apologized here and there, and she did criticize his family and their lifestyle, but she didn't threaten anyone.

Hey, I'm no Lawyer but it's plain B.S. in my opinion....She hasn't done anything! If he seeks an injunction for protection he'll have to prove she's a threat and he fears her....She has a perfect right to visit here anytime she wants as long as she's not been convicted of breaking a law here......

This just sounds like a couple of people trying to go one up on each other.

[rebeccajo 14]

The U.S. certainly does have jurisdiction over any foreign national entering the U.S.

If they violate federal, state or local laws.

Otherwise, they do not.

[Ling Ling 22]

The U.S. certainly does have jurisdiction over any foreign national entering the U.S.

If they violate federal, state or local laws.

Otherwise, they do not.

Eh...that's pretty much what "Jurisdiction" means. It means they have authority over someone. Unless the foreign citizen is inside their country's US based Embassy, the US police do in fact have jurisdiction over them. The exception being diplomats or others with "Diplomatic Immunity". But just having a foreign "right of passage" does not make one immune to jurisdiction.

Edited December 8, 2008 by Ling Ling

[Ling Ling 22]

With regard to the OP's issue as to weather the ex-boyfriend (LEO) could get an order of protection against a foreign person,

the answer is YES. As others have stated, the likelihood of that occurring is very slim. The reason I say it would be very slim

is because the big tough boyfriend in law enforcement, would have to make statements to a judge, indicating that he fears for his safety

because of a woman from England. He would have to submit reasonable evidence, and also submit her contact information so that she

could answer or comply with an order of protection. If the ex-boyfriend purgers himself (giving false testimony about events or not knowing her whereabouts)

he would be in a lot more trouble than she would even if she broke the order of protection.

Also as was noted, an order of protection does not prohibit a person from visiting the US. It only prohibits them from visiting the persons protected by the order.

So worse case scenario (and we've seen this in domestics) is that on one of your friend's next visit, she is stupid enough to let the ex-boyfriend know she's in town,

and then he calls the local police to enforce the order, and she's arrested, and given a recognizance bond or remanded to custody until a hearing on the order.

All of this is possible, but highly unlikely. I think he would prefer not to have his laundry drug through his local court system, where his co-workers will get to

hear about what an intimidating limp #######'d sleaze ball he is.

Tell your friend to be more careful about they guys she decides to date. Police officers come from the same gene pool as everyone else. They are no more good and honest, or different in anyway from the rest of the humans that walk this earth. However, by the nature of their work, some do think they are above the law.

[Uncle Wally 2]

I don't wish anarchy; I realize that society needs to be policed in order to function.

But seriously- what kind of jackass wants to become a cop? Dudes with chips on their shoulders because they never got invited to parties in high school and couldn't get laid, my guess.