Burrett v. Rogers CA4/3

Filed 2/4/14 Burrett v. Rogers CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

LORI ANN BURRETT,

Plaintiff and Respondent, G047412

v. (Super. Ct. No. 30-2012-00583890)

JOHN PATRICK ROGERS, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, J. Michael Beecher, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. John Patrick Rogers, in pro per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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I. Introduction Defendant and appellant John Patrick Rogers appeals from a civil harassment restraining order after hearing (Code Civ. Proc., § 527.6 (section 527.6)) made in favor of plaintiff and respondent Lori Ann Burrett. Rogers challenges only the part of the restraining order stating he have “no social media harassment with family names” (capitalization omitted). He argues this part of the order is an unconstitutional prior restraint on speech. We disagree and affirm.

II. Background In July 2012, Burrett sought to protect herself, her husband, and her three children by filing a request for civil harassment restraining orders against Rogers. The request for such orders stated Burrett needed restraining orders to “[p]rotect from harassment from John Rogers for stalking in front of our home, calling our house, emailing, calling in an anon[ym]ous complaint to child protective services on us, attacking our names on social media, stalking our work etc.” Under the section entitled “Additional Orders Requested,” Burrett wrote: “I ask the court to restrain John Rogers from using any social media forums or other form of harassing . . . written, video, quaro forum to harass and defame any members of our family. This would include removing the current postings and no longer stalking our parish, schools, and workplaces to try to find out information.” On July 17, 2012, the trial court issued a temporary restraining order granting the relief requested except in two respects. The court declined to restrain Rogers from “social media harassment” and from attending the same church as Burrett. In the