Could Someone Please Help Me Locate the Delaware Statutes for Domestic Violence?
Question by licht: Could someone please help me locate the Delaware Statutes for Domestic Violence?
There was an incident in my home recently. My brother is very ill, the police in my area are well aware of this, 2.5 years ago he stabbed someone, and he has not been called to court yet.
Last night, my brother snapped out due to withdrawal from opiates, he cut himself, threatened to commit suicide, and exclaimed he was going to kill me, my mother, and father.
He punched my disabled, elderly mother in the leg which was extremely painful for her, she gets spasms all over her body anyway, she cried when he hit her, and my Mother doesn’t cry unless it really hurts, she had to limp over to the bed. She has a collapsed/bulging/ruptured discs, rheumatoid arthritis, neuropathy and a neurostimulator in her back which has wires that connect to her spine, if he had hit her in the right place, he could paralyze her. We called the police, told them everything that happened, my brother had taken off, the officers returned later with paperwork for my mother, they went into his room to make him get up to talk to him, looked at his wrist, one of the officers said it was very deep. He then called an ambulance, my brother refused treatment, which the officer said is his right. My mother and I tried to get it thru their head that he is dangerous and has the characteristics of a murderer, that my brother listens to his music, and fantasizes about different ways to kill us, etc. My brother also told the cops he planned on finding acid and pouring it on my face. They wouldn’t arrest him.
They said the most they could do is tell him he isn’t allowed inside the house for the night, my mother told the officer he would just sneak back in the house thru his window, so the officer went back outside to talk to my brother, and I guess he told him to keep it cool and go to bed. When they left, he went ballistic again, exclaiming how he is an informant for the police, and he can do anything he wants, breaking items, more threatening, shoving me (he scares me so I leave the room.)
Moral of the story is… I don’t think this is right, a friend of mine told me in Delaware it is the law that if there is domestic violence in the house, they HAVE to arrest him. My parents have tried kicking him out, the last time they did he gave us a “warning” by breaking a window, he also said if they do he is going to burn the house down with us in it, I know people make stupid threats all the time, but this kid is capable. My brother is 25 years old.
If anyone could please help me find information on the Delaware Statutes, point me in the right direction, or who I can call to talk to that may be able to override this small police department, please. We are worried about our lives. They did tell her she can put out a warrent, but on the paper they gave her, they put down that the victim was not injured, they said it was nothing more then offensive touching, they also noted that no drugs were involved, even though my mother and I informed them he steals medication from both my mother, and father, and he is on several anti-psychotic medications, that he does not use properly. He takes so many he can’t keep his eyes open. (Today my mother is calling his doctor to inform him of the situation)
I have NO idea why they wouldn’t take him. I have been up all night, trying to figure this out, on the paper says it was “offensive touching” I mean the threats, the damage, I don’t understand. My brain is fried. A friend of my Mom’s also told her that cops prey on people with mental disorders, to be informers for the neighborhood, her ex was one of them, she was constantly being abused, called the cops.. they never took him out. And the fact that he stabbed someone with a 5” blade, and no court date has been set kind of confuses me.
The police have been coming here for 10 years over his psychotic breakdowns. They know he has a psychiatrist, and that he is bi-polar, ADHD, OCD, abcdefg… and does not use his medication as prescribed, I was going to call his doctor, but I feel it isn’t my business, so I will wait for my mother to wake up and call. I made some phone calls myself, everyone I talked to either acted like “Why are you calling me?” or “call this number” and when I call that number, they give me another one. I live in a sh!tty state. I called the victim line, County can’t do anything, they told me to talk to Elsmere Police, most of which are……..I don’t want to say it on here, but they aren’t the friendliest of people. Out on $ 60,000 bail, terroristic threatening, hurting his disabled mother, and those $ (#(#$ )$ % cops put down “offensive touching” and “the victim was not injured” I had to rub her leg out last night to try and remove the spasm.
I did find some statutes, he should have been charged with terroristic threatening, and assault. I can’t get over they put on that paper my mother was not injured, she is a STRONG woman, she can take some pain, when she cries, and limps trying to get to the bed after he hurt her, it’s bad. God bless all of you, and I really mean that. Because everyone I called treated me like I was the scum of the earth. I left a message at the attorney generals office, I’ll just have to see what happens. Thank you, really… I’ve been crying all night, because I don’t want my Mommy to be hurt or paralyzed, all it takes is one shot to her hip, or lower spine, and she’s done. I need her…I love her, I am 21 years old, and I can’t fathom the thought of ever leaving her side.
Thank you, really… thank you. and God bless you for making me feel better.
They wont remove him….they treated it as an “oh well” situation.
Best answer:
Answer by piegowdealer
Domestic Violence Coordinating Council
New Castle County Courthouse
500 N. King Street, Suite 9425
Wilmington, Delaware 19801 – 3732
Phone: 302-255-0405, Fax: 302-255-2236
Your mother will probably need to go to your county courthouse clerk of court office to find out how to get a protective order. it takes a bit of time. bring toe order to the police station so they will have it on file. if they fail to respond call the State police.
Answer by quincie
What a terrible situation, try this website for starters. It offers quite a bit of information, as well as numerous resources. I would also look into an order of protection, possibly Adult Protective Services can help/advise.
Hope you find some answers soon.
http://www.aardvarc.org/victim/states/devic.shtml
Edit: Here is another website which provides information on the laws specific to Delaware. It also suggests seeking assistance through Adult Protective Services.
http://www.baddteddy.com/abuse/abuse_laws_delaware.html
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