How do i find out if a restraining order has been taken out against me?
Every time I enter the United States from Europe I am detained at Customs and immigration for additional screening. After my last trip to Colorado Springs I inquired to the officer why this occurs every time I enter the country and he replied that someone has a restraining order out against me and he was checking that I do not have any out standing warrants. I am currently in the US army and have served my country honorably for 23 years. My current wife has not taken such action so my question is can someone initiate this restraining order without my knowledge? I have missed flights and been delayed each and every time I enter the US from my duty station in Europe.
Law & Ethics - 7 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Maybe just a random check and coincidentally hitting you every time. I don't buy the excuses from the officer. Normally, if there is any order against you, you are the first one to know.
2 :
Have your chain of command or a JAG office see if they can find out.
3 :
You misunderstood. There is no restraining order, because if there was you would have been informed. You're in the army, finding you for service on the restraining order is simple. Whatever is causing the holdup at customs is not a restraining order. If at any time in the past you have had serious problems, like being caught with contraband, you can expect to be on Customs' list forever.
4 :
A restraining order that hasn't been served on you is a worthless piece of paper (legally). Anyone can initiate action to obtain a restraining order but, even if the court issues it, it's meaningless until it's personally served on you (or your representative if you're legally unavailable, which you're not unless you haven't been out of a combat zone since it was issued). Contact customs and ask how you can clear this up.
5 :
They are supposed to give you notice, but in some states if they had your address wrong, they might have left notice at an address you were no longer at. Or it could be someone with the same name. (Mistakes like that do happen, I know someone who failed a background check because someone stole her purse and got arrested while using her ID.) You could check the county courthouse at every county you have lived. You could ask the security screaner if he knows what state and county it was filed in. Or you could pay one of those "background check" companies that advertise on the internet to investigate you. Once you know where it is, go to court and argue you were never given proper notice. Mention you are in the army. (There are special notice requirements in some sorts of actions for soldiers under the Soldiers and Sailors Relief Act, not sure if it applies here.) Ideally you want to hire a lawyer.
6 :
check around with your commanding officer or jag and get too the bottom of this mess. unless you clear it up it isn't gonna go away. i salute you guys keep up good work there.
7 :
Why didn't you ask the officer WHO the "protected person" is in the restaining order? I would be highly suspicious of the explanation he gave you. First, restraining orders generally carry a "no firearms" condition, which the Army would be flapping up and down about. Second, for an RO to be enforceable (with the exception of certain emergency domestic violence orders) the restrained person (that'd be you, if the officer's story is correct) MUST be properly notified of it. No judge is going to issue an RO without proper notice given. But, to verify it, contact local (US) law enforcement and explain that you have been told there is a restraining order against you but you have no information about it. They can run a check and tell you what court issued it, who the protected party is, and what restrictions are in place, if the RO is real.
Title : How do i find out if a restraining order has been taken out against me
Description : How do i find out if a restraining order has been taken out against me? Every time I enter the United States from Europe I am detained at ...