Abuse of Discretion – Protective Order

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. William H. Craig

Case No.: 2017AP651-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Abuse of Discretion – Protective Order

William Craig appeals from a protective order, granted under WIS. STAT. § 971.23(6) (2015-16), pertaining to the recorded interview of a child victim. He contends the circuit court erroneously exercised its discretion by granting the State’s motion for a protective order over his objection, without first holding an evidentiary hearing.

We agree with the State that a circuit court is not required, in all circumstances, to hold an evidentiary hearing before granting a motion for a protective order under WIS. STAT. § 971.23(6). Instead, the court has discretion to decide whether a hearing is necessary in the specific case before it. Here, however, the circuit court erroneously exercised its discretion by failing to provide any rationale for its decision to grant the State’s motion without first holding a hearing. We therefore reverse the court’s order and remand for the court to exercise its discretion in deciding whether to hold a hearing on the State’s motion.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.