Phillips
Phillips v. Campbell
Opinion
Opinion
Yegan, J.
Sitting as trier of fact, a trial court may draw its own inferences and conclusions from the evidence when hearing a matter brought pursuant to the Domestic Violence Prevention Act (DVPA). (Fam. Code, § 6200 et seq. ) This includes the power to factually find a "dating relationship" within the meaning of the DVPA even though the parties characterize their relationship as a friendship that does not involve "dating" as that term is commonly understood. (See e.g., Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal.App.2d 675 , 696-697, 39 Cal.Rptr. 64 ( Fibreboard ).)
James Eugene Campbell, Jr., appearing in propria persona, appeals from a DVPA 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. In addition to claiming that the parties did not have a dating relationship, appellant contends that the trial court (1) erroneously denied his motion to dismiss the case, (2) erroneously granted the restraining order because his conduct was nonviolent, and (3) violated his First Amendment rights of freedom of speech and expression. We…