Lewis v. Dack
Plaintiff Sarah Lewis, aka “Amy Heart,†was a $500 an hour “escort†in her early twenties. She met defendant James Ray Dack, a man approximately twice her age, who was going through a divorce. They spent some time together socially for approximately one month. A considerable portion of this social interaction involved defendant giving plaintiff money for her time and physical attentions. Then defendant allegedly lured plaintiff to a hotel room and assaulted her. Plaintiff invoked the Domestic Violence Prevention Act (the Act) (Fam. Code, § 6200 et seq.)[1] and obtained a five-year domestic violence “stay-away†restraining order against defendant. On appeal, defendant contends the family court did not have jurisdiction to issue the restraining order because plaintiff did not belong to one of the categories of protected persons under the Act. Defendant argues the two were not in a “dating relationship,†as defined by section 6210. We agree and reverse.
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