Violating a Foreign Protection Order — probable cause

Listen to this article

Wisconsin Court of Appeals

Criminal

Violating a Foreign Protection Order — probable cause

Timothy J. Eloe appeals from a judgment of conviction for violating a foreign protection order, contrary to Wis. Stat. § 813.128(2), and disorderly conduct, contrary to Wis. Stat. § 947.01. Eloe asks this court to vacate his conviction for violating a foreign protection order, arguing that the amended complaint failed to establish probable cause on that count and, thus, the count should have been dismissed prior to trial. Eloe also asks us to vacate his disorderly conduct conviction. He contends that, had the violating a foreign protection order count been dismissed prior to trial, evidence related to that count would not have been introduced to the jury. He believes evidence related to that count tainted the disorderly conduct verdict so as to undermine confidence in its reliability.

We conclude that the complaint sufficiently established probable cause to believe Eloe violated a foreign protection order and thus the circuit court properly denied Eloe’s motion to dismiss that count. We affirm this conviction. This opinion will not be published.

2011AP1970-CR State v. Eloe

Dist II, Walworth County, Reddy, J., Gundrum, J.

Attorneys: For Appellant: Orth, John C., Middleton; For Respondent: Weber, Gregory M., Madison; Donohoo, Diane M., Elkhorn