KENOSHA, Wis. — Just 52 days after Judge David Wilk issued a four-year harassment injunction prohibiting Kenosha therapist and former foster parent Jacqueline P. Niccolai from contacting Kenosha County Eye publisher Kevin Mathewson, prosecutors allege she violated the order by directly communicating with him on social media, calling him a “fucking idiot,” a “pussy ass bitch,” and claiming his page was created by someone “clearly retarded.” Niccolai has since characterized the charges online as “prosecution for calling somebody bad words.” However, the criminal complaint alleges something different: that after twice losing in court and being ordered to have no contact with Mathewson, Niccolai knowingly violated a harassment injunction by contacting him through social media. The two misdemeanor charges, which were refiled Thursday after a technical dismissal, stem from alleged violations of a court order—not from the use of offensive language itself. Between those charges, a pending OWI case, and a separate five-count criminal prosecution alleging criminal defamation, computer message threaten/obscenity, disorderly conduct, and two counts of misdemeanor bail jumping, Niccolai currently faces up to 4 years and 3 months in jail and $52,000 in fines if convicted on all pending criminal counts.

A Racine County judge dismissed the original case without prejudice after all Kenosha County judges recused themselves. Mathewson sharply criticized the ruling, saying Judge Scott Craig “lacks a basic understanding of criminal procedural law.” Mathewson also described Craig as a “DEI hire appointed by Gov. Tony Evers.” The Kenosha County District Attorney’s Office immediately vowed to refile the case, and prosecutors followed through on that promise Thursday. Because a newly appointed judge has since joined the Kenosha County bench and has no apparent conflict, the refiled case is expected to remain in Kenosha County. Mathewson said he believes the newly appointed judge’s selection appears to have been based on his legal qualifications and experience, particularly in civil law.

According to the newly filed complaint, the dispute traces back to Kenosha County Eye’s reporting on Niccolai’s legal troubles, including her arrest for operating a firearm while intoxicated and allegations involving drug use. Court records show Mathewson later sought a harassment restraining order, alleging Niccolai engaged in a pattern of unwanted contact and harassment directed at him.

A court commissioner granted the injunction request. Niccolai appealed, triggering a hearing de novo before Judge David Wilk. After hearing testimony and reviewing evidence, Wilk again ruled in Mathewson’s favor and issued a four-year harassment injunction effective through May 22, 2029.

The injunction prohibited Niccolai from contacting Mathewson. According to the court order, she was directed to avoid contact with him in person, by phone, in writing, electronically, through third parties, or in any other manner unless he provided written consent.

Prosecutors allege Niccolai nevertheless directly contacted Mathewson through social media despite the court’s no-contact order.

The complaint alleges that on July 13, 2025, Niccolai posted comments directed at him regarding her arrest, including, “what drugs?” and “Cute lol.”

Prosecutors further allege that on July 26, 2025, Niccolai again posted comments directed at Mathewson, writing in part: “first of all, it’s an injunction, not a restraining order you fucking idiot,” before later calling his page a “bunk ass site” created by someone “clearly retarded” and concluding, “I am certain you’ll delete this comment because you’re a pussy ass bitch.”

The complaint alleges these communications were intentional, directed at Mathewson, and made despite the existence of the court order. Prosecutors further allege Niccolai knew she was communicating directly with Mathewson when she made the comments.

Mathewson said the focus of the case should be on the alleged violation of the injunction rather than the language used.

“I’ve been called far worse things than a ‘fucking idiot,’ a ‘pussy ass bitch,’ or even ‘clearly retarded’ in my life,” Mathewson said. “The issue was never the insults. Frankly, I don’t like using or repeating the word ‘retarded’ because many people find it offensive, and I think it’s particularly inappropriate coming from someone who is a licensed therapist. But the reason she’s facing criminal charges is not because she used mean words. A judge held a lengthy hearing, reviewed evidence, listened to testimony, and ordered her not to contact me. She lost before a court commissioner, appealed, lost again before a circuit judge, and then contacted me anyway. When someone repeatedly ignores court orders, there’s only one thing left to do: report it to law enforcement and let the justice system handle it.”

Niccolai now faces two counts of knowingly violating a harassment injunction. Each count carries a maximum penalty of nine months in jail and a $10,000 fine, meaning she faces up to 18 months in jail and $20,000 in fines if convicted.

The harassment injunction case is only one of several legal matters currently pending against Niccolai.

She continues to face an OWI case stemming from her July 2025 arrest, in which she has entered a not-guilty plea.

She is also facing a separate five-count criminal case that includes charges of criminal defamation, computer message threaten/obscenity, disorderly conduct, and two counts of misdemeanor bail jumping. Prosecutors allege those charges stem from communications directed at Mathewson.

In addition to the criminal cases, Niccolai is a defendant in a civil defamation lawsuit filed by Mathewson, who alleges she repeatedly made false statements about him online.

Niccolai is scheduled to appear in Kenosha County Circuit Court on June 10, 2026, for an initial appearance on the refiled harassment injunction violation charges. The same hearing is also scheduled to serve as her initial appearance in the separate five-count criminal case charging criminal defamation, computer message threaten/obscenity, disorderly conduct, and two counts of misdemeanor bail jumping.

She also remains a defendant in Mathewson’s civil defamation lawsuit. The allegations underlying that lawsuit have already resulted in criminal defamation charges being filed by the Kenosha County District Attorney’s Office. If Mathewson prevails in the civil case, Niccolai could be ordered to pay substantial damages that could reach tens or even hundreds of thousands of dollars.