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01-1984-CR State v. Scharenbroch

By: dmc-admin//January 21, 2002//

01-1984-CR State v. Scharenbroch

By: dmc-admin//January 21, 2002//

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The State appeals an order dismissing its complaint against Danita Scharenbroch. The State charged Scharenbroch with violating a court order, as a party to a crime. The trial court dismissed the action because it concluded that violating a sec. 940.47 order was not a “crime.” Therefore, Scharenbroch could not be charged as a party to the crime of violating sec. 940.47.

The State argues that a violation of Wis. Stat. sec. 940.47 is a crime because (1) sec. 940.47 falls within the criminal code, (2) criminal procedure applies to the processing of a case for a violation of sec. 940.47, and (3) this court, in State v. Chinavare, 185 Wis.2d 528, 518 N.W.2d 772 (Ct. App. 1994), recognized that someone aware of a court order who assists in violating the order is subject to contempt of court.

This court concludes that violating a court order granted under Wis. Stat. sec. 940.47 is not a crime and that the remedy for such violations is proceedings under Wis. Stat. ch. 785 for contempt of court. Therefore, Scharenbroch could not be charged as a party to a crime of violating a court order.

The trial court properly dismissed the action and we affirm the order.

This opinion will not be published.

Dist III, Outagamie County, Dyer, J., Hoover, P.J.

Attorneys:

For Appellant: Vincent R. Biskupic, Appleton; Carrie A. Schneider, Appleton

For Respondent: Gregory A. Parker, Neenah

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