Phillips v. Campbell

Defendant appealed from a Domestic Violence Prevention Act (DVPA), Fam. Code, 6200 et seq., restraining order prohibiting him from harassing or contacting respondent and compelling him to stay at least 500 yards away from her person, residence, and workplace. The court concluded that substantial evidence supports the trial court’s express finding that a dating relationship existed; substantial evidence supports the trial court's finding that defendant disturbed the peace of plaintiff, which is an act of abuse under the DVPA; and, even if the First Amendment issue were properly before the court, the court would reject defendant's argument that his ability to continue to engage in activity that has been determined after a hearing to constitute abuse under the DVPA is the type of "speech" afforded constitutional protection. Accordingly, the court affirmed the judgment (DVPA restraining order). View "Phillips v. Campbell" on Justia Law