Conozca la Ley: Delaware
ACTUALIZADA 6 de julio, 2006
An Order of Protection from Abuse is a civil order that provides protection from harm by a family or household member.
For more information on filing for Orders of Protection From Abuse, visit the Family Court website: http://courts.state.de.us/family.
- Basic Information
- Can I get an Order of Protection?
- How to get an Order of Protection
- After the Hearing
Basic Information
arribaWhat is the legal definition of abuse in Delaware?
This section defines domestic violence for the purposes of getting an order of protection.
Delaware law defines "domestic violence" as the occurrence of one or more of the following acts of "abuse" between family or household members:
- causing or attempting to cause actual physical injury or sexual offenses
- placing or attempting to place a person in fear of physical injury or sexual offense
- damaging, destroying, or taking property
- trespassing
- child abuse
- kidnapping
- unlawful imprisonment
- interference with custody
- causing fear or emotional distress
- any other conduct that a reasonable person would find threatening or harmful*
For the definition of "family" and "household members," read Who can get an Order of Protection from Abuse?
To read the exact wording of the law, please see "Sec 1041Definitions" on the DE statutes page.
* 10 Del. C. § 1041(1)
arribaWhat is an Order of Protection from Abuse?
An Order of Protection from Abuse is a civil court order intended to provide protection from harm caused by force or threat of harm from a family or household member. In other words, an Order of Protection from Abuse is designed to keep an abuser from hurting you anymore. There are two types of orders:
Emergency (ex parte) Orders. If you are in immediate danger of abuse, you may get an Emergency (ex parte) Order by going the nearest Family Court. To obtain an Emergency (ex parte) Order, you need to have a brief court hearing. Your abuser will NOT be present at this hearing.
As soon as possible after the abuse occurs, go to the Family Court nearest to where you live and tell the clerk you want to file for an Order of Protection from Abuse. You will be taken before a Commissioner of the Court the same day or the next day after you report the abuse to the court. The Commissioner will ask you some questions to determine if you are in need of immediate protection.
If the Commissioner decides to sign an Emergency (ex parte) Order granting you relief, you will be given a date for a full hearing. Your abuser WILL be asked to attend this hearing. The Emergency (ex parte) Order is good until the full hearing takes place. This usually happens within 10 days.
Long-term Orders of Protection from Abuse. A Long-term Order of Protection can be issued only after a court hearing where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your emergency order may expire and you will have to start the process over.
A Long-term Order of Protection will last for up to one year. Orders may also be extended for an extra six months, but only after another hearing. (See How do I change, extend, or cancel my Order of Protection?)
The Order remains valid and effective even if the petitioner and respondent get back together. The Order can only be changed after another hearing. *
* 1043. Ex parte orders and emergency hearings; 1044. Nonemergency hearings; 1049A. Definitions.
arribaHow can an Order of Protection from Abuse help me?
In an Order of Protection from Abuse, a judge may order your abuser to:
- Stay away from you
- Stay away from your residence, work place, school, day care (you must specifically request these places)
- Stop threatening or abusing you
- Stop contacting you
- Pay child support and spousal support
- Pay certain other expenses
- Surrender any and all firearms (and the judge can order the police to search for and take the respondent's firearms if you can describe what type of gun he has and where it is AND if he has used or threatened to use a gun against you or you fear that he might)
- Attend counseling
- Not destroy, sell, or conceal joint property
A judge may also grant you:
- Exclusive use of the home or of certain possessions, including the family car, (regardless of who has title to the home or possessions)
- Temporary custody of children
- Power to decide the conditions of child visitation by the abuser
- Any other relief that the judge believes are necessary in order for you to be free from the violence.*
Note: Whether a judge orders any or all of the above depends on the facts of your case.
* 10 Del.C. §1045