Jungers

People v. Jungers

Good Law
127 Cal. App. 4th 698·2005 Cal. App. LEXIS 378·2005 Daily Journal DAR 3145·25 Cal. Rptr. 3d 873·2005 Cal. Daily Op. Serv. 2378
Court of Appeal of CaliforniaMarch 17, 2005No. D043246California2,242 words

Opinion

lead Opinion

Irion, J.

Robert Patrick Jungers appeals an order imposing a probation condition that prohibits him from initiating contact with his wife, the victim of Jungers’s domestic violence. Jungers contends the condition was unreasonable and violated his rights to free association and marital privacy. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

On September 23, 2001, Jungers became angry at Cary Martinez, the mother of his child, yelled at her and threw a beer bottle at the wall. When Martinez tried to leave, Jungers threw a child car seat at her, hitting her in the leg. Jungers got into Martinez’s car with their child to prevent Martinez from leaving. He then followed her into the house, grabbed her neck and threw her to the ground. Jungers straddled Martinez and tried to hit her but she was able to escape. She had bruises on her arm, leg and neck. When the police arrived, Martinez was crying and said she was extremely afraid of Jungers.

Jungers was arrested and taken to jail. He was served with a protective order and advised not to contact Martinez. However, Jungers called Martinez from jail and threatened to “kick her ass” when he got out. Jungers admitted he has a…

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