KENOSHA, Wis. — Criminal charges against a Kenosha therapist accused of repeatedly violating a harassment injunction were dismissed Friday by a Racine County judge on a technicality — but the Kenosha County District Attorney says he intends to refile the case. Niccolai’s OWI case, 5-count Misdemeanor case involving criminal Defamation, Computer Message-Threaten/Obscenity, Disorderly Conduct, two counts of Bail Jumping, and civil defamation suit remain pending.

Jacqueline P. Niccolai, 37, had faced two misdemeanor counts of Knowingly Violating a Harassment Injunction stemming from a pair of Facebook posts she made in July 2025 on a page owned and operated by this author Scanner Watch of Kenosha County. Each count carried up to nine months in jail and a $10,000 fine.

The case originated in Kenosha County, where Kenosha County Circuit Court Commissioner Lisa Bouterse found probable cause after charges were filed. Because all Kenosha County judges recused themselves from the matter, the case was transferred to Racine County, where Judge Craig (D) dismissed the charges without prejudice on May 8, 2026.

The dismissal has its roots in an ambiguous statement made by Kenosha County Circuit Court Judge David P. Wilk at the May 22, 2025 hearing at which he granted Mathewson a four-year harassment injunction against Niccolai. During the hearing, Wilk commented that Kenosha County Eye, LLC was a separate legal entity from Mathewson and that Niccolai could contact it without violating the order. Wilk did not issue a written order elaborating on that statement. Niccolai’s defense seized on the comment as blanket authorization to post on any page connected to Mathewson. Judge Craig agreed. Mathewson has a pending motion asking Judge Wilk to issue a written clarification of what he actually meant — a motion that has gone unacknowledged for more than 70 days.

District Attorney Xavier Solis confirmed Friday that he intends to refile the charges.

The charges stemmed from two separate incidents in July 2025 in which Niccolai posted comments directly on a Facebook page owned and operated solely by the protected person. In the first, posted hours after her booking photo from an OWI arrest appeared on the page, Niccolai tagged the page by name and wrote “What drugs? Other than rumored drugs” and “Cute lol” — mocking comments directed at a post about her own arrest.

In the second incident, Niccolai returned to the page and posted a lengthy comment in which she wrote, in part: “first of all, it’s an injunction, not a restraining order you fucking idiot… Some bunk ass site that was created by someone clearly retarded… I am certain you’ll delete this comment because you’re a pussy ass bitch.” In that same post, Niccolai explicitly cited Judge Wilk’s ruling as her justification for posting.

Kenosha Police documented both incidents. Officers confirmed Niccolai was fully aware the page belonged to the protected person — she had publicly identified it as “Kevin’s other page” on her own Facebook page weeks before the injunction was even issued.

The protected person, Kevin Mathewson, founder and editor of Kenosha County Eye, released a statement following the dismissal.

“Judge Craig lacks a basic knowledge of criminal procedural law and dismissed this case, temporarily, on a technicality,” Mathewson said. “I am glad the charges are being refiled. Being called a ‘pussy ass bitch’ and having someone say my page was created by someone who is ‘clearly retarded’ is exactly the kind of conduct the restraining order was meant to stop. A judge dismissing this on a technicality does not make it acceptable, and it does not make it legal. Based on my experience, in my opinion, Scott is a DEI appointee from Tony Evers (D). “

As of Friday, Niccolai was celebrating the dismissal on Facebook. Her celebration is expected to be short-lived. District Attorney Solis has confirmed the charges will be refiled.

Kenosha County Eye will continue to follow developments in this case.