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Name: People v. Jungers
Case #: D043246
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/17/2005

Jungers pleaded no contest to inflicting corporal injury on Martinez, a cohabitant, and was placed on probation. The court ordered him not to initiate contact with Martinez. Jungers filed a motion to modify the terms of his probation, as he had recently married Martinez and the condition restricted his marital association and infringed upon his constitutional right to privacy and freedom of association. The court clarified its ruling by ordering that Jungers could not go to Martinez’s home, contact her, write her, or call her. The victim, however, could initiate contact with appellant. The appellate court affirmed the order. The court did not impose a complete ban, but only a narrowly tailored condition consistent with rehabilitation and the safety of Martinez. It did not prohibit contact, but assured that it was accepted by and welcomed by Martinez. It therefore did not interfere with the marital relationship to an impermissible degree.