People v. Beckemeyer CA4/1

John Robert Beckemeyer appeals from a judgment convicting him of attempted murder and assault with a deadly weapon. The offenses occurred during an incident in which he assaulted a woman he had been dating (Linda Majka) and Majka’s adult son (Craig Jakubiak). At sentencing, the trial court issued a 10-year protective order restraining defendant from having contact with Majka and Jakubiak. This postconviction protective order is authorized in domestic violence cases pursuant to Penal Code section 136.2, subdivision (i) (1). Defendant asserts the protective order must be stricken as to Jakubiak because Jakubiak (unlike Majka) does not qualify as a domestic violence victim. We conclude the statute encompasses a person, like Jakubiak, who was actually assaulted during the domestic violence incident, and who accordingly meets the broad definition of “victim” set forth in the statutory scheme.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and Majka started dating in December 2011, but on January 8, 2012, Majka ended the relationship because defendant was “extremely controlling and jealous.” Majka did not allow defendant to come to her house anymore. However, about 6:30 a.m. on…