Jonathan Starkey, and James Fisher

WIL

Wife told court she feared his %27temper and erratic behavior%27

Court documents show Atkins relinquished 17 firearms%2C most of them shotguns%2C to police

A Delaware Family Court administrator has ordered Rep. John Atkins of Millsboro to stay away from his wife and two sons after she told the court she feared his "temper and erratic behavior."

Family Court Commissioner Andrew K. Southmayd in Sussex County granted the protective order Monday quickly after Heather Atkins requested it. A June 13 hearing is scheduled on the matter. Court documents show John Atkins relinquished 17 firearms, most of them shotguns, to Millsboro police officers Monday evening after they took a court order requiring he do so to his home.

"His temper is getting worse and I fear that if something is not done it will effect my safety," Heather Atkins wrote in her petition for emergency protection. "I feel that he is not able to take the best interest of our children and put that first. I am afraid that the children are at risk due to his temper and erratic behavior."

She also described bouts of abusive and even violent behavior, saying she feared that her husband would harm her, the children and, on more than one occasion, himself.

John Atkins said in a written statement that protective orders are "one-sided court documents with only one person giving their perspective on an issue.

"I will have the opportunity to tell my side in court," he said. "Until then, this is a deeply personal and private matter involving my family. I would ask that everyone please respect my family's privacy and allow us to address this situation through the normal process."

He also said, "My wife had previously moved out of our house and I have been raising and caring for our two sons since then."

Heather Atkins said in court documents that she moved out of their home on April 22 because of "verbal abuse and a breakdown of our marriage." She said her marriage with the lawmaker has been abusive for years, describing an incident when he "pushed me, slapped me and threw me on the ground. He also ripped my shirt off of me, both of my children were home."

His behavior has worsened since Heather Atkins left home in April, she says, asserting in court documents that he calls her up to 30 times a day and has falsely told her that there is an emergency related to their children.

John Atkins also has told his wife that "I have abandon[ed] my children, that I am a dead beat, walk away mother. He tells me that I will regret this and that I will never see my children. He comes to my home when I ask him please don't. He keeps calling me repeatedly when I ask him to stop."

After she threatened to leave him during a discussion in September 2013, "John got upset," grabbed a shotgun and shells, jumped in his vehicle and left.

"Both of our children were home," she wrote. "His intentions was for me to think he was going to kill himself."

Heather Atkins also wrote that her husband "has made implications that he is going to harm himself with the gun."

She said "he wants me to return home, but I will not because he cheats on me and we do not get along. He screams at me" and "has strange mood swings," she wrote.

"I am afraid of him," Heather Atkins wrote in her affidavit seeking protection.

House Speaker Pete Schwartzkopf, D-Rehoboth Beach, would not comment on John Atkins' situation.

The protection order is the latest in a series of issues for the lawmaker.

In 2006, John Atkins, then a Republican lawmaker, flashed his legislative credentials at an officer in Ocean City, Maryland, to avoid a drunken-driving arrest. In the hours following the traffic stop, he was arrested for offensive touching following a domestic incident. He pleaded guilty to the misdemeanor and resigned his House seat under threat of expulsion in 2007.

Running as a Democrat, he won back his House seat in 2008.

In March 2012, he resigned the vice chairmanship of the House Public Safety and Homeland Security Committee after sending what became a controversial email to top state police officers after being stopped for speeding on the way to Legislative Hall. The officer who stopped him, Cpl. Raymond St. Clair, gave the lawmaker a verbal warning, but John Atkins complained he was "arrogant" and "rude."

John Atkins later apologized.

Staff reporter Maureen Milford contributed to this story. Contact Jonathan Starkey at 983-6756, on Twitter @jwstarkey or at jstarkey@delawareonline.com. Contact James Fisher at 983-6772, on Twitter @JamesFisherTNJ or jfisher@delawareonline.com.