I have attempted to raise the issue of the facial unconstitutionality of the DVPA at every level of the California court system. No judge wants to rule on that issue and they have all ducked it. I got a set of DVPA orders vacated under Ross v. Figueroa (2006) 139 Cal.App.4th 856, but the judge who did that rejected the constitutional arguments.
I have also had great difficulty finding a lawyer who understands First Amendment law enough to see that this is a serious issue. There is no established case law on this.http://attorneygeneral.utah.gov/821.html
is an AG opinion from Utah that concludes:
The State has a strong interest in exercising its police powers for the prevention of domestic violence and protection of its citizenry. Legislation which violates an individual's due process rights, however, cannot be sustained no matter how well intended the legislation may be. Utah Code Ann.
77-36-3.5 will certainly deprive individuals of liberty and property interests without affording the due process protections required by Utah Const. article I, section 7 and the fourteenth amendment to the United States Constitution. It is our opinion, therefore, that the statute is unconstitutional.
But that is not binding in California.
A lot people think the DV laws have gotten completely out of hand, seehttp://mediaradar.org/
You asked whether there was any established case law in CA that you know of that could be referenced on this topic.
The answer is No, there is no Cal case that examined a first amendment challenge to the DVPA.
You can Shepardize Blazel v. Bradley, 698 F. Supp. 756 (Wisc. 1988),
to see if it has been mentioned yet in any California opinion. Last time I checked, it had not.
I'm sorry it's such a pain, but you need to find a lawyer to file a motion to vacate the DVPA orders on Constitutional grounds and if that is denied, file a notice of appeal.
Please keep trying. If you Google
"LA domestic violence lawyers"
you will see a list of lawyers that handle these cases.
I hope this information is helpful.