My question involves criminal law for the state of: Delaware
I am married and live in the state of Delaware. I was involved in a domestic dispute in which I was charged with offensive touching. I was offered the first offenders diversion program and pled guilty to menacing (charge was reduced).
I have one-year probation and the stipulation of "no unlawful contact" along with domestic violence group program. I am complying with all requirements. I need advice on how to proceed legally, and how to protect myself from future unfounded allegations. My wife is emotionally unstable (to say the least); I have been unable to reside in my house without the fear of further allegations.
I need to file some kind of proceedings, or mediation short of filing for divorce. I would like to be able to return to my house at will and hopefully reside there.
I would like to establish the legal status of my home, which as I understand is non-marital property.
As a further complication, I was just served by the county a violation because my house trim requires painting. I may address that in a different forum.
My wife just dropped off my house mail and I have a warrant out for not paying my fine (Which fortunately I have had enough cash come in, it will be addressed, 8am Monday)
I have no idea what kind of petition or motion to file with the court. Do they even address property issues without a divorce proceeding? My wife and I are unable to communicate rationally at this time.
Can I petition the judge in my DV case for a hearing?
My financial situation is bordering on ruin, so I cant even afford an initial lawyer consultation.
I am innocent of the charges placed against me, but it was expedient to plead guilty. I chose to accept responsibility for my own Moral reasons. I will summarize the background and facts.
I own my own home, which I bought approx. 8 years before we were married. We have been married 6 years. We have been separated 3 times. My wife owned a mobile home for ½ years.
We have stepchildren.
My wife has been a victim of child abuse, and previous marital abuse. She has been diagnosed with posttraumatic stress syndrome. She has health problems due to an accident. Stepchildren have been inpatient several times. The situation without me in the picture is borderline catastrophic is the only way I can summarize. My wife has severe anger issues doe to her health, the kids and finances.
Before the incident where I was arrested I had been staying at work, I own my own business. After the incident I returned home, all was fine in the “honeymoon” stage, until an unrelated incident, which became an “excuse”. The kids were home alone, someone accidentally where dialed 911. I was at work, and was blamed for not returning home fast enough and all but accused of calling, myself. I have been staying at work since.
My business has been going downhill for several years, and the current financial crisis has hit hard. My wife has returned to work despite her health conditions, which should put her on disability. My wife is currently paying home utilities, which were behind. I am just barely paying the mortgage and my work bills.
My wife contends that since she is paying “all the bills”, that she has the right to “peace in the house”. I work a second job for health benefits and return home at late hours. I would be disturbing the peace and tranquility of the house by coming and going. My wife works nights and states that she does not want me in the house when she is not there. The unspoken allegation is that her kids are not safe around me. She has stated she does not want me in the house even when no one is there.
My wife came right out and said if I come home when she is not there, she would call my probation officer (without specifying what she would say).
One stepchild said FU, I better watch out, I am on probation. (I asked my wife why the child was cursing, and she blew up).
I could go on….
Thanks for readings this far. My convictions and reasons for remaining married are my own, and I would like to keep that separate from any legal advice.
I made a promise to my wife that I would stand by her, and not “throw her out on the street”.