Estatutos Seleccionados: Delaware

(a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred asking the Court to issue a protective order against the respondent.

(b) A petition seeking relief under this chapter may be filed by any of the following:

(1) A person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration including a single incident of non-consensual sexual conduct or non-consensual sexual penetration.

(2) A person who is acting on behalf of any of the following persons who is a victim of non-consensual sexual conduct or non-consensual penetration:

a. A minor child.

b. A vulnerable adult as defined by § 1105(c) of Title 11.

c. Any adult other than a vulnerable adult who, because of age, disability, health, or inaccessibility, is unable to file the petition.

(c) The petitioner need not reveal a temporary place of residence, school or employment, or the address or place where the petitioner’s child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. The petitioner may request the court keep in confidence the petitioner’s current address or place of residence.

(d) The Prothonotary of the Superior Court shall make forms and instructions for initiating a proceeding under this chapter available to the public.

(e) All forms and instructions developed for use by the parties to a proceeding under this chapter must use simple, understandable language.

(f) A filing fee may not be charged for proceedings under this chapter.

(g) A person under the age of 18 who is 16 years of age or older may seek relief under this chapter without being required to seek relief by a guardian ad litem.

(h) An action may not be brought or maintained under this chapter against an individual who is under 18 years of age.

(i) The Court may, if it deems necessary, appoint a guardian ad litem or an attorney to represent a petitioner or respondent to an action under this chapter.

(j) A petition for relief under this chapter may be filed regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties or whether or not criminal charges have been brought against the respondent for the acts giving rise to the petition.

(k) The petition must be filed within 1 year of the date upon which the respondent made the most recent statements or engaged in conduct which caused the petitioner to have a reasonable fear prompting a need for relief. For purposes of computing the 1-year period, the following circumstances will toll the time period:

(1) Any time during which the respondent is incarcerated.

(2) Any time during which the respondent is residing more than 100 miles from the petitioner’s residence.

(3) Any time during which the respondent is the subject of a noncontact order relating to petitioner.

(l) Monetary damages are not recoverable as a remedy.