State v. DecoiteAnnotate this Case
The State filed a misdemeanor complaint against Defendant charging him with one count of abuse of a family or household member (domestic abuse). The complaint stated that Defendant engaged in the abuse for more than two years “as a continuing course of conduct.” The circuit court dismissed the State’s complaint without prejudice, concluding that domestic abuse cannot be charged on a continuous conduct theory. The intermediate court of appeals (ICA) reversed, determining that, in some cases, domestic abuse may be charged as a continuous offense. The Supreme Court reversed the ICA’s judgment and affirmed the circuit court’s order dismissing the State’s complaint, holding that an alleged two-year period of domestic abuse cannot be charged on a continuing course of conduct theory.