In an affidavit of probable cause, Action News has learned Melissa Rodriguez had obtained a protection from abuse order against her estranged husband days before she disappeared, but it was denied.
The mother of two children was supposed to go visit a friend in North Jersey on Friday April 19th, but she never made it. She was reported missing by her estranged husband on April 23rd after she failed to pick up their kids from school the previous day.
Action News spoke with Jose Rodriguez back in April.
"I just want her to come back, I mean be safe," he said.
Rodriguez has obtained a lawyer and is not talking.
The affidavit reveals that two days before Rodriguez reported her missing, a co-worker says he showed up unannounced at the Amtrak site where he works in New Brunswick and asked to take two mop heads and a gallon of interior concentrate cleaner, but he did not say what it was for.
The affidavit quotes friends and family members saying Melissa told them her husband was very abusive and controlling, and that he was having an affair and had a child with another woman. She confronted him, and he moved out.
He later moved back, but by then, Melissa was dating a man from North Jersey.
The affidavit says that he went into a rage when she packed her belongings and told him she was leaving with the kids.
The affidavit says he pushed his wife away and tore up the bags of clothing, tossing them on the lawn.
The affidavit also says that Jose falsely told people that Melissa had been found a week after her disappearance, and that she had been hiding out.
But Cathy Bauer, a friend and neighbor of Melissa, says she learned that was not true.
"It just seems like there's a lot going against Jose. I really feel it's getting close. It's Mother's day. If he did something to her, come forward and let us neighbors know. We keep worrying about her," Bauer said.
Police are not calling Jose a suspect, but they have impounded his Amtrak issued truck and have served a search warrant on his home and where he currently lives with his girlfriend and kids in Ocean Township, New Jersey.
Jose Rodriguez's lawyer was not available for comment.