Evilsizor

Evilsizor v. Sweeney CA1/1

Good Law
189 Cal. Rptr. 3d 1·237 Cal. App. 4th 1416
Court of Appeal of CaliforniaMay 27, 2015A142396California6,385 words

Opinion

Opinion

Humes, J.

Appellant Joseph Sweeney downloaded the contents of respondent Keri Evilsizor’s cell phones around the time Evilsizor gave birth to the couple’s daughter. After these dissolution proceedings were initiated a few months later, Sweeney filed with the court copies of some downloaded text messages. Evilsizor sought a restraining order under the Domestic Violence Prevention Act (DVPA) to stop Sweeney from further disseminating the downloaded information. After taking testimony and finding that Sweeney’s actions amounted to abuse under the DVPA, the trial court prohibited Sweeney from distributing the information without first receiving the court’s permission. We conclude that the order did not violate Sweeney’s constitutional rights to free speech, and we therefore affirm.

I.

Factual and Procedural Background '

Evilsizor and Sweeney were married in November 2010. Evilsizor used two phones during her marriage to Sweeney: one for the “legal side” of her business and another for the “management side” of her business that she also allowed her young son from a previous relationship to use for playing games. Sweeney claimed that he had regular access to both phones “for the…

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