Delaware lawmaker charged with misdemeanor after allegedly punching woman in domestic violence incident

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A state lawmaker has been charged with offensive touching after Delaware State Police completed its investigation of a May incident where he is accused of punching a woman in the face.

A police spokesperson said state Rep. Josué Ortega, D-West Wilmington, turned himself in last Thursday. He was arraigned on a misdemeanor offense, released on a $100 unsecured bond and given a no-contact order with the victim.

The Delaware Department of Justice said it would fully prosecute the case. Neither Ortega, nor his attorney, responded to a request for comment.

Police have said that during a verbal argument, Ortega struck the woman in the face with a closed fist while they were both sitting in a car. The report said the alleged domestic violence occurred May 21 in a store parking lot off of Maryland Avenue in Wilmington.

The victim told family court Ortega hit her and gave her a black eye, and that her toddler was in the car. She was granted a protective order shortly after the incident.

According to family court records, the woman appears to have dated Ortega on and off during the past few years. WHYY News is not naming her because of the sensitive nature of domestic violence cases.

Trial date set in family court on the protective order

Family court records show Ortega is currently scheduled to go to trial Sept. 16 over the June protective order. The temporary protective order has been extended, as the trial date has been pushed back from July and August.

Ortega’s attorney, Laura Brooks, had subpoenaed the police report and testimony from the responding officer on July 9, to use at an Aug. 7 trial.

“This report and officer testimony is paramount to Mr. Ortega’s defense as it is believed that Petitioner has stated multiple stories to multiple people,” Brooks wrote.

However, Brooks asked for a continuance at the request of the Delaware DOJ after she was informed that due to the ongoing investigation, the department was unable to provide the report or allow the officer to testify.

Ortega denied the May allegations in a June Facebook post as “unequivocally false.”

“Any suggestion that I have ever engaged in any act of domestic violence is patently untrue,” the statement said.

Ortega has called her “his abuser” and has accused her in court documents of physically attacking him during their on-and-off relationship.

Victim has described threats by Ortega to drop complaint

The victim told family court that Ortega had threatened to “kill himself if I didn’t push to have the charges dropped,” according to filings in the case.

“He told me that no one will take the side of an alcoholic whore over a state representative, so good luck trying,” she stated.

She also claimed that Ortega told her that her complaint wouldn’t matter because “his father knows the police commissioner.”

Ortega is the son of Demetrio “Junior” Ortega, a former Wilmington City Council member.

House ethics investigation continues

House leadership launched an ethics complaint against Ortega in mid-June, when the allegations came to light. The House Ethic Committee held a closed-door meeting in July, but Speaker Melissa “Mimi” Minor-Brown recently declined to answer any questions about the probe at a bill-signing event.

House leadership issued a statement in June that called the allegations “deeply troubling and disturbing.”

Minor-Brown pointed to that earlier statement Thursday in an email to WHYY News and said she will continue to respect the legal process.

“Right now, we need to allow the justice system to do its work,” she said. “I will have no further comment while the criminal investigation and proceedings are ongoing.”

Ortega faces off against challengers in September’s primary

Ortega was elected to the state House in 2024 to serve the constituents of District 3, which includes the Hilltop, Little Italy and Hedgeville communities. He landed a legislative victory when Delaware Gov. Matt Meyer signed his bill officially recognizing June 11 as Puerto Rico Day in the state.

He currently faces three other Democrats vying for his seat. The candidates include community activist Branden Fletcher-Dominguez, Wilmington City Councilmember Yolanda McCoy and small business owner LaDonna Graham.  The primary is Sept. 15.

Before winning statewide office, Ortega worked in constituent services for the city of Wilmington and New Castle County.