Appealing a Domestic Violence RO. (not in a "dating" relationship and no actual abuse
What is the name of your state (only U.S. law)? CA
Is it possible to appeal a DV RO on the basis of either of these two things?
1- The two people were not in a "dating" relationship. How exactly does California define this type of relationship?
The person who filed the RO against me cheated on me and as a result constantly told me that we were not boyfriend and girlfriend. Unfortunately when he went to file the restraining order, he put down that I was his EX GIRLFRIEND and i checked that i agreed with the relationship. If I can prove that I was never his girlfriend will it be basis enough to overturn the RO? He constantly told me that we were not in a serious relationship after i found out he had cheated and we only dated for about 4-6 weeks, and had been "broken up" for about 5 months before he filed the RO.
2- The basis of the judge thinking it was in fact domestic violence was because I had self harmed with a knife in front of him. Is there any way to prove that suicidal tendencies have nothing to do with homicidal tendencies? The knife was solely for me and I would never inflict damage on any other person. If it is all about the presence of a "weapon" then couldn't someone also file an RO if they were in the kitchen while someone is cutting fruit and claims they felt "in danger"? Also, the guy who filed the RO never admitted to actually being AFRAID of me.
3- This probably won't overturn the entire RO, but he put down his current girlfriend as an additional person to protect. She was not in court, they have only been dating for a few weeks, and she does not live with him. Is it even legal for them to say I also have a restraining order to stay away from her if she never filed her own restraining order?
Thank you so much for any help.
What is the name of your state (only U.S. law)? CA
Is it possible to appeal a DV RO on the basis of either of these two things?
1- The two people were not in a "dating" relationship. How exactly does California define this type of relationship?
The person who filed the RO against me cheated on me and as a result constantly told me that we were not boyfriend and girlfriend. Unfortunately when he went to file the restraining order, he put down that I was his EX GIRLFRIEND and i checked that i agreed with the relationship. If I can prove that I was never his girlfriend will it be basis enough to overturn the RO? He constantly told me that we were not in a serious relationship after i found out he had cheated and we only dated for about 4-6 weeks, and had been "broken up" for about 5 months before he filed the RO.
2- The basis of the judge thinking it was in fact domestic violence was because I had self harmed with a knife in front of him. Is there any way to prove that suicidal tendencies have nothing to do with homicidal tendencies? The knife was solely for me and I would never inflict damage on any other person. If it is all about the presence of a "weapon" then couldn't someone also file an RO if they were in the kitchen while someone is cutting fruit and claims they felt "in danger"? Also, the guy who filed the RO never admitted to actually being AFRAID of me.
3- This probably won't overturn the entire RO, but he put down his current girlfriend as an additional person to protect. She was not in court, they have only been dating for a few weeks, and she does not live with him. Is it even legal for them to say I also have a restraining order to stay away from her if she never filed her own restraining order?
Thank you so much for any help.