BREKKE V. WILLS
125 Cal.App.4th 1400, 23 Cal.Rptr.3d 609 (2005)
NATURE OF THE CASE: Wills (D) contends on appeal that a protective order must be reversed
because (1) there was no evidence of a credible threat of violence or a knowing and willful
course of conduct by D that would seriously alarm, annoy, or harass a person, (2) the
injunction violates his rights of freedom of expression and association, and his right to
privacy, and (3) the order is void because it contains no expiration date.
FACTS: Brekke's (P) 16-year-old daughter, Danielle, and the 15-year-old D became
girlfriend and boyfriend. Danielle's relationship with her parents deteriorated, and she
began to display negative behavior at home. She also started skipping classes at school and
failed three courses. D reacted negatively towards this development. P found letters that
her daughter had received from D. The most notable aspect of a third letter is the
fantastical scheme of torture-murder set forth by D. He tells Danielle, 'Contemplating is
the enjoyment of everything,' and advises her to start by contemplating killing her parents.
He then relates a scenario where Danielle's parents would be tied to a tree surrounded by
starving, rabid dogs. Defendant and Danielle would fly over in a plane and drop bloody meat
on them. Then the dogs would be released one by one. When the dogs finish attacking, there
will be no trace of Danielle's parents and '[t]hen we'll go hang out.' A trial court
enjoined D from contacting Danielle and members of her family (P), and ordered him to stay
at least 100 yards away from them, except at school where he must stay at least 20 feet
away.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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