whether-wife-has-standing-to-act-as-private-prosecutor-against-husband

QUESTIONS PRESENTED | In the midst of a routine divorce saga, Wife alleged that Husband, during | the marriage, had committed violent crimes against her. But Wife never contacted the police. More than that, Wife’s divorce complaint is silent as to any supposed crimes. The state never filed an indictment and Husband was never given notice of any criminal charges. But then, in the couple’s final custody order, the family court judge made a finding— based on clear and convincing evidence—that Husband did commit a violent crime against Wife, i.e., the crime of coercion. And, based on the judge’s finding—that Husband had violated a criminal statute—the judge thereupon terminated Husband’s right to custody of his only son. The questions presented are— (a) whether Wife has standing to act as private prosecutor against Husband; (b) whether the trial court, with no underlying indictment, has subject-matter jurisdiction to conclude that Husband violated a criminal : statute; (c) whether “clear and convincing” is the proper evidentiary standard on criminal statutes; (d) whether the Constitution requires jury trials for all persons accused of violating criminal statutes; and (e) whether the state may rely on Husband’s “conviction” as a basis to terminate his parental rights. i