Allegations of a Child Pinched, a Dog Custody Dispute, Mean Texts: Inside a Texas Candidate's Bitter Divorce
A Republican candidate for Congress in Texas is pleased with a judge's recent decision to allow her to return home in April — following the state's March 1 primary election with her name on the ballot — as her bitter divorce unfolds in court and her estranged husband remains in their home with his daughter and their dogs.
"I am grateful that the judge understood the facts and ruled in our favor," Monica De La Cruz said in a statement to the Washington Post. "I continue to ask for privacy for the minors involved."
De La Cruz, who is running as a Republican for Congress in South Texas, and her husband of more than 6 years, Juan Gabriel Hernandez, began divorce proceedings he initiated in October.
"It saddens me to inform that Johnny and I are in the midst of the divorce process," De La Cruz tweeted Nov. 2, 2021. "This is not what anyone wants or expects when getting married but we believe this is the best decision. We are dealing with some mental health issues in our family & would appreciate your prayers and support. I remain committed to being a devoted, loving mother to my children and humbly ask for privacy for our family during this difficult time."
A rep for De La Cruz's campaign declined to comment on various aspects of this story.
The Allegations
In his divorce petition, Hernandez requested a restraining order against De La Cruz, but sought to remain in the couple's home with his daughter.
Hernandez cited "cruel treatment" by De La Cruz towards him and his daughter from a previous relationship, who is a minor. He described an incident between his wife and daughter after the girl was in tears over coffee spilled at church.
"Rather than try to console her," Hernandez said, referring to the crying girl, De La Cruz "took her to the bathroom and pinched her to get her to stop crying."
De La Cruz has denied that she ever mistreated Hernandez's child.
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In a sworn declaration obtained by PEOPLE, Hernandez said his daughter is in a "precarious and delicate state of mental health" and that she had been hospitalized. He said his daughter would benefit from living with him at their home but that De La Cruz "has expressed that she would sooner divorce me than allow my child back in the residence."
Monica De La Cruz for U.S. Congress Facebook
He added in the declaration, filed Oct. 7, that his wife is "verbally abusive and aggressive with my daughter and my daughter has told me that she feels anxiety around her."
"It is for this reason that I am asking the Court to award me the exclusive use and possession of the family home for the use of my daughter (and myself) for her mental well being," Hernandez said.
Explicit Texts
Text messages between De La Cruz and Hernandez that were submitted to the court show that she used explicit language directed at her husband and his daughter.
"She wants to be in our home. She asked to come home and as a father I will do what's right," Hernandez wrote. "If you say it's for her mental health you will accept her with open arms."
"Our marriage is fragile and cannot handle this. Do not do this," De La Cruz replied. "If you show up here with [your daughter]. Consider our marriage over."
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An attorney for De La Cruz tells PEOPLE his client was "clearly very hurt by some of the things" her husband said but added that she "never ever mistreated" Hernandez's daughter.
"She clearly cares about his daughter," the lawyer, Ricardo Salinas, said. "She went above and beyond. It's very difficult when you get two families trying to blend."
Hernandez's attorney, Katie Pearson Klein, tells PEOPLE, "The text messages concerning her attitude towards his child are very disturbing. Any time you're using f-words about a child and saying that if she comes to our home, the marriage is over — that's very disturbing."
De La Cruz also denied the accusations of mistreatment — calling them "false" — to the Washington Post in November. "I'm heartbroken that as we work through some mental health issues that involve a minor this deeply personal matter is now being exposed in the national press," she said in her statement. "My number one concern will always be the well-being of all of my children, and I would appreciate your prayers and continue to ask for privacy for our family."
In a court hearing last week, De La Cruz defended herself again against accusations of mistreatment of the daughter. "I loved her and I accepted her into our home," De La Cruz said, according to the Post report. "I loved her as I did my other kids."
'Young Gun' Candidate
A Texas native, mom of two and business owner, De la Cruz narrowly lost the 2020 election against Democrat Rep. Vicente Gonzalez and hopes to unseat him in a rematch this year. She has endorsements from high-profile Republicans, including Texas Sen. Ted Cruz and House Minority Leader Kevin McCarthy, who backed her as a "Young Gun" — a designation that indicates a candidate shows great promise in her campaign and is worthy of support.
"The Young Guns program has helped elect over 150 members — and with our current class we expect to significantly add to this total when we take back the House next November," McCarthy told Fox News in November.
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The leader has praised De La Cruz specifically. She is "a successful small businesswoman who understands the needs and values of hard-working Texans," McCarthy told the Texas Tribune.
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"Many pundits predicted Monica's opponent would easily win in 2020, but Monica's tenacity and relentless campaign came within 7,000 votes of defeating the Democrat incumbent. Monica is running for Congress again, and this time, she will win."
That remains to be seen, of course.
Salinas said what's unfolding in divorce court "may work in her favor because it showed her ability to stay calm cool and collected under pressure."
Emotional Support Dogs
Court records show that De La Cruz was upset that her husband has held on to a pair of dogs: a Chihuahua mix named Dallas and a Shih Tzu named Austin.
In her response to Hernandez's divorce petition, De La Cruz's attorney said her husband "intentionally or recklessly engaged in a pattern of extreme and outrageous conduct" that caused "severe emotional distress" by refusing to release the dogs to De La Cruz and other children.
Dallas and Austin are registered emotional support animals, according to certificates that were submitted to the court, which also name Hernandez's daughter as their owner.
But De La Cruz has claimed in the document that the dogs are "beloved pets" of De La Cruz and her children.
Her attorney tells PEOPLE she paid for one of the dogs but said the dispute over Dallas and Austin was merely a part of the "games people play" during a divorce, referring to Hernandez.
"The dogs are important to her," Salinas said, "but what's more important is a peaceful resolution."
Police Were Called
Police responded to a call at the couple's home after midnight on Oct. 8, according to an incident report obtained by PEOPLE.
The officer states De La Cruz said she believed Hernandez was trying to "instigate a rise out of her" while recording video of her as he and his sister followed her around their home, asking her why she was drunk.
She usually ignores the behavior, De La Cruz said, but told the officer, "She felt they went too far and she felt afraid of him," according to the police report.
Monica De La Cruz for U.S. Congress Facebook
Hernandez told the officer he believed his wife was intoxicated and was recording her so he could show her later how she was acting. She denied that she was drunk but said she had been to a banquet for Men and Women of the Year in McAllen, Texas, as well as her son's football game.
The officer viewed the video Hernandez captured of his wife. According to the report, "Juan goes on to tell Monica [in the video] that he has been begging to make up with her and asks her for her response to that which Monica does not respond to."
Text messages submitted to the court indicate that Hernandez did hope to patch up his marriage. "He was trying to reconcile in the beginning but not now," his attorney says. "It's done."
