Restraining Orders

You can file for a non-emergency lethal violence protective order if the respondent poses a danger of causing physical injury to himself/herself or others by controlling, owning, buying, having, having access to, or receiving a firearm. Additionally, to file for a non-emergency lethal violence protective order you must be:

• the respondent’s “family member”; or
• a law enforcement officer.¹

“Family members” include:

• a current or former spouse;
• someone with whom the respondent was “cohabitating,” meaning living together as a couple, with or without a child in common;
• a custodian;
• a child;
• someone with whom the respondent has or had a “substantive” dating relationship;
• someone with whom the respondent has a child in common, even if they don’t live together;
• someone related to by the respondent by blood or marriage who lives with the respondent together in one household; or
• someone related to the respondent in any of the following ways:
  • mother, father;
  • mother-in-law, father-in-law;
  • brother, sister;
  • brother-in-law, sister-in-law;
  • grandparent, grandchild;
  • stepmother, stepfather; or
  • child, stepchild, daughter-in-law, son-in-law.²

All of the relationships listed above include both blood relationships and relationships formed through adoption.²

Note: Only a law enforcement officer can file for an emergency lethal violence protective order.³ You can read more about the difference between the two in What types of orders are there? How long do they last?

¹ 10 Del. Code § 7701(4)
² 10 Del. Code §§ 1041(2); 901(12)
³ 10 Del. Code § 7703(a)