Restraining Orders

This section defines domestic violence for the purposes of getting an order of protection. Delaware law defines “domestic violence” as when one or more of the following acts of abuse happen between dating partners, family, or household members:

• causing or attempting to cause actual physical injury or a sexual offense;
• placing or attempting to place you in fear of physical injury or a sexual offense being committed against you or another person;
• damaging, destroying, or taking property, including legal documents;
• causing physical injury to a pet or service animal;
• engaging in a course of alarming or distressing conduct that is likely to cause fear or emotional distress or cause a violent or disorderly response, including conduct that is directed towards a pet or service animal;
• trespassing;
• child abuse;
• kidnapping;
• unlawful imprisonment;
• interference with custody;
• human trafficking;
• making or trying to make you financially dependent by:
  • keeping “overwhelming” control over your financial resources against your will, including not letting you have access to money or credit cards or forbidding you from going to school or work without a reasonable justification;
  • stealing your money or assets, or getting them through fraud;
  • using your money or resources for the abuser’s personal gain; or
  • keeping (withholding) basic things from you like food, clothing, necessary medications, or shelter;
• doing any of these things to a pet you have a close bond with in order to coerce, control, punish, or intimidate you:
  • physically hurting or trying to hurt the pet;
  • doing something that is likely to make you fear the pet will be physically hurt; or
  • committing the crime of cruelty to animals against the pet; or
• any other acts that a reasonable person would find threatening or harmful.¹ 

¹ Del. Code tit. 10, § 1041(1), (2)