Delaware Restraining Orders
Restraining Orders
Orders of Protection from Abuse
Basic information
What is the legal definition of abuse in Delaware?
This section defines domestic violence for the purposes of getting an order of protection from abuse. 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 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, as defined by law;
- kidnapping;
- unlawful imprisonment;
- interference with custody;
- intentionally causing or attempting to cause you to be financially dependent by:
- keeping overwhelming control over your financial resources, including withholding access to money or credit cards or forbidding you to attend school or work without reasonable justification;
- the stealing or defrauding of money or assets;
- exploiting your resources for the abuser’s personal gain; or
- withholding physical resources such as food, clothing, necessary medications, or shelter;
- any of the following acts when used as a method of coercion, control, punishment, or intimidation against you:
- causing or attempting to cause physical injury to a pet who you have close bond with;
- acting in a way that is likely to cause you to fear that a pet who you have close bond with will be physically injured; or
- committing the crime of cruelty to animals against a pet who you have close bond with; or
- any other conduct that a reasonable person would find threatening or harmful.1
1 10 Del. C. § 1041(1), (2)
What types of orders of protection from abuse are there? How long do they last?
There are two types of order of protection from abuse:
Emergency ex parte order. If you are in immediate danger of abuse, you can ask for an emergency ex parte order when you apply for an order of protection. Ex parte means that the order can be issued without prior notice to the abuser and without the abuser being present. The commissioner may ask you some questions to determine if you are in need of immediate protection. If you get the order, it will last until your full hearing, which is usually within 15 days. The court can extend an ex parte order as needed, but not for more than 30 days. Note: If the court does not grant you an emergency ex parte order, you may still be given a court date for a full hearing scheduled within the next 30 days.1
Order of protection from abuse. A long-term order of protection from abuse can be issued only after a court hearing where you and the abuser have the chance to both be present and present evidence to the judge. Most of the protections will last for up to one year. However, if the order includes a term that the abuser cannot commit acts of domestic violence against you and/or cannot contact or attempt to contact you, these can last for up to two years2 or longer, even permanently, if:
- the length of the order is necessary to prevent further acts of domestic violence; and
- the judge finds that aggravating circumstances exist. “Aggravating circumstances” include any of the following:
- the abuser caused you physical injury or serious physical injury or s/he exposed any of your family or household members to such injuries;
- the abuser used a deadly weapon or dangerous instrument against you;
- there is a history of repeated violations of prior protective orders by the abuser;
- the abuser has been convicted of a crime against you in the past; or
- the abuser committed any other acts of abuse that causes the judge to believe that there is an immediate and ongoing danger to you or any member of your family or household.3
You may also file to extend your order.4 For the order to be extended, there must be a hearing and certain factors must be met. To read more about what you’d have to prove to get your order extended, go to How do I change, extend, or cancel my order of protection?
1 10 Del. C. §§ 1043; 1044(a)
2 10 Del C. § 1045(b)
3 10 Del C. § 1045(b), (f)
4 10 Del C. § 1045(c)
What protections can I get in an order of protection from abuse?
In an order of protection from abuse, a judge may order the abuser to:
- stay away from you;
- stay away from a pet (“companion animal”) owned or held by you, the abuser, or a minor child living in the home of you or the abuser;
- not take, transfer, hide, harm, or otherwise get rid of such pet;
- stay away from your residence, work place, school, daycare;
- stop threatening or abusing you;
- stop contacting you;
- pay child support and spousal support;
- pay certain other expenses;
- attend counseling;
- not destroy, sell, or conceal joint property;
- return legal documents, such as a passport, immigration papers, or Social Security card; and
- surrender any and all firearms. Note: The judge can order the police to search for and take the respondent’s firearms if you can describe:
- what type of gun s/he has;
- where it is located; and
- how s/he has used or threatened to use a gun against you or how you fear that s/he might.1
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;
- exclusive care, custody, or control of any pet (“companion animal”) owned or held by you, the abuser, or a minor child living in the home of you or the abuser; and
- any other relief that the judge believes are necessary in order for you to be free from the violence.1
Whether a judge orders any or all of the above depends on the facts of your case.
1 10 Del.C. § 1045(a)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Who can get an order of protection from abuse
Who can file for an order of protection from abuse?
You can file a petition for yourself, your minor child, or on behalf of an adult who is impaired.1 To be eligible for an order of protection from abuse, an act of abuse must have been committed against you (or your minor child or the impaired adult) by:
- a current or former spouse;
- someone with whom you were “cohabitating” (living together as a couple, with or without a child in common);
- your custodian;
- your child;
- someone with whom you have or had a “substantive” dating relationship;
- someone with whom you have a child in common, even if you don’t live together;
- someone you are related to by blood or marriage with whom you live (together in one household); or
- someone you are related to 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
- child, stepchild, daughter-in-law, son-in-law.2
This definition of relationships includes both blood relationships and relationships by adoption. Also, it does not matter if a parent’s parental rights were legally terminated.2 For example, if your mother’s rights were terminated but she was abusing you, you could still file for an order of protection against her.
1 10 Del.C. § 1041(3)
2 10 Del.C. §§ 1041(2); 901(12)
Can I get an order of protection from abuse against a same-sex partner?
In Delaware, you may apply for an order of protection from abuse against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get an order of protection from abuse? You must also be the victim of an act of abuse, which is explained here What is the legal definition of abuse in Delaware?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can I get an order of protection from abuse if I'm a minor?
Under Delaware law, a minor is a person under 18 years of age. If you are a minor you can get an order of protection by having your parent, legal guardian or child protection services file for an order on your behalf.1
1 10 Del. C. §§ 1041(3)(b); 1043(a)
How much does it cost? Do I need a lawyer?
There is no filing fee to get an order of protection from abuse.
Although you do not need a lawyer to file for an order of protection from abuse, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the DE Finding a Lawyer page under the Places that Help tab at the top of this page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the DE Courthouse Locations page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
Steps to get an order of protection from abuse
Step 1: Go to court to file the petition.
As soon as possible after the abuse occurs, go to the Family Court nearest to where you live. You can find contact information for courthouses on the DE Courthouse Locations page. You can also get the forms online at our DE Download Court Forms page.
On the petition, you will be the “petitioner” and the abuser will be the “respondent.” When writing about the incidents of violence, use descriptive language - words like “slapping,” “hitting,” “grabbing,” “threatening,” “choking,” etc., - that fits your situation. Include details and dates, if possible. Be specific.
You may also have to fill out an information sheet, but you are not required to provide your residence or phone number if it will put you in danger to reveal that information. You can ask that the information be kept confidential.1
If you need assistance filling out the form, you can ask the clerk for help2 or a local domestic violence program may be able to help you.
Note: Be sure to wait to sign the forms in front of the court clerk since your signature may have to be notarized. Remember to bring some form of identification (a driver’s license or other identification that includes your picture) to show the clerk.
1 10 Del.C. § 1042(b)
2 10 Del.C. § 1042(d)
Step 2: The ex parte hearing
The commissioner will review your petition in order to decide if you will be granted an emergency (ex parte) order if you asked for one. If you are granted an emergency (ex parte) order, the order is good until your full hearing, which usually takes place within 15 days but could be extended and last for up to 30 days.1 If the court does not grant you an emergency (ex parte) order, you may still be given a court date for a full hearing scheduled within the next 30 days.2
1 10 Del. Code § 1043(d)
2 10 Del. Code § 1044(a)
Step 3: Service of process
The abuser must be “served,” or given papers that tell him/her about the hearing date and your emergency (ex parte) order, if the court gave you one.
Whether or not you are granted an emergency (ex parte) order, the clerk of court will prepare a summons. S/he will order that a copy of the summons and petition be served on the respondent named in the petition.
The court will request law enforcement to serve the papers on the abuser. There is no charge to have the authorities serve the abuser. Do not try to serve the papers yourself.
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
Step 4: The hearing
A judge will set a hearing date, usually within 15 days of filing your petition; although it could be up to 30 days if the respondent couldn’t be served or for another reason.1 You must go to the hearing or your emergency ex parte order will expire and you will have to start the process over. At the hearing, you and the abuser will have a chance to present evidence, witnesses, etc., to prove your case. The judge has the power to question your child in private in order to verify the claims of either party. The judge can allow both parties’ attorneys to be present and to question the child as well. The judge can allow an unrepresented party to give the judge a list of questions beforehand that the judge can use when examining the child. The judge will then report back to the parties what the child said.2
It is often best to have a lawyer to represent you at the hearing who is familiar with orders of protection from abuse. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a “continuance” to set a later court date so you can have time to find a lawyer for yourself. See DE Finding a Lawyer page for legal referrals. If you are representing yourself, see the At the Hearing page for ways you can show the judge that you were abused.
If the abuser has received notice of the hearing, but does not show up, the judge may continue with the hearing or may reschedule the hearing for a future date. If the judge reschedules the hearing, make sure to ask that the emergency order is extended so that you are protected until the new hearing date.
1 10 Del. C. § 1043(d)
2 10 Del. C. § 1042(f)
After the hearing
Can the abuser have a gun?
Once you get an order of protection from abuse, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- first, read the questions on this page to see if judges in Delaware have to power to remove guns as part of a temporary or final order;
- second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
- third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.
- Make several copies of the protective order as soon as possible.
- Keep a copy of the order with you at all times.
- Inform your employer, domestic violence advocate, minister, clergy, family members, and/or your closest friends that you have a protective order in effect.
- Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and/or work.
- Give a copy of the order to anyone who is named in and protected by the order.
- If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- One week after court, call your local law enforcement offices to make sure they have received copies of the order.
- Take steps to safety plan, including changing your locks and your phone number.
Ongoing safety planning is important after receiving the order. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do no. It is important to build on the things you have already been doing to keep yourself safe. Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support. To find a shelter or an advocate at a local program, please visit the DE Advocates and Shelters page.
My petition for an order was denied. Can I appeal?
If it was a commissioner who denied you an ex parte or final order, this can be appealed to a judge of the family court1 by filing a form called an “Request to Review a Commissioner’s Order.” It must be filed within 30 days of the order. You can read more about this and other options on the Delaware Courts website.
If it was a judge who denied you the order of protection, you might be able to appeal to the Delaware Supreme Court. It’s important to talk to a lawyer as soon as possible since the timeframe to file an appeal is very short. You can read more about appeals, in general, on our Preparing for Court - By Yourself page.
1 DE R FAM CT RCP Rule 53.1(b)
What can I do if the abuser violates the order?
If the order is violated, you can call the police, even if you think it is a minor violation. It can be a crime and contempt of court if the abuser knowingly violates the order in any way. It can be a Class A misdemeanor for intentionally violating the order,1 which is punishable by up to one year in jail, a fine of up to $2,300, or both.2
It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our Domestic Violence Restraining Orders page.
1 10 Del. C. § 1046(c), (h), (i)
2 10 Del. C. § 4206(a)
How do I change, extend, or cancel my order of protection?
Changing / canceling an order
Either you or the respondent may apply to the family court to have an order of protection from abuse changed by filling out a court form requesting the modification. You can get the form from the clerk’s office.
The court can modify an order that was issued by the judge after a hearing (“non-consent order”) only if the party asking for the modification proves that there is a good reason for the change. The court can modify a consent order if both parties agree.1
Extending an order
You can file a motion to extend your order before your original order expires and a hearing date will be set for both you and the abuser to appear in court. The order can be extended for a time period determined by the judge. However, for the judge to extend your order, one of the following must happen at the hearing:
- the judge determines that:
- domestic violence has occurred since you got the original order;
- a violation of the order has occurred;
- you prove that there is other “good cause” to extend the order; or
- the respondent consents to the extension of the order.2
You can find some of the forms you need through the DE Download Court Forms page on this website.
1 See the Delaware State Courts website
2 10 Del. C. § 1045(c)
What happens if I move?
Your order of protection from abuse is good no matter where you go in your state. In addition, it can be enforced even if you move to another state. If you move, your order must be given full faith and credit in any other state, territorial or tribal court.1 This means that your order will be good wherever you go.
Note: For information on enforcing a military protection order (MPO) off the military installation or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. §§ 2265; 2266
2 10 Del. C. § 1049B
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; or
- the registration of an order in a different state.1
1 18 USC § 2265(d)(3)
Sexual Violence Protective Orders
Basic information and definitions
What is the legal definition of sexual violence in Delaware?
In Delaware, for the purpose of getting a sexual violence protective order, “sexual violence” is one or more act(s) of “non-consensual sexual conduct” or “non-consensual sexual penetration.”1
“Non-consensual” means that you did not freely agree (consent) to the sexual conduct or penetration. If you “agreed” to the sexual contact because you were being threatened with physical harm, for example, that would not be a situation in which you “freely agreed” to the contact. You also cannot consent if you are unconscious, asleep, or otherwise unaware of the sexual act being performed.2
Sexual conduct is when the abuser:
- intentionally touches or fondles your genitals, anus, or breasts, including through clothing;
- intentionally displays his/her genitals, anus, or breasts for the purposes of his/her arousal or sexual gratification;
- intentionally forces you to touch another person’s genitals, anus, or breasts, including through clothing;
- forces the display of your genitals, anus, or breasts for the purpose of arousal or sexual gratification;
- for the purposes of sexual gratification or arousal, intentionally touches the body, clothed or unclothed, of a child; or
- forces a child to touch or fondle, including through clothing, the genitals, anus, or breasts of the abuser or another person.3
In Delaware, a child who has not yet turned 12 cannot consent to a sexual act under any circumstances. A child who has not yet turned 16 cannot consent to a sexual act with a person who is more than four years older.4
Sexual penetration is:
- any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person; or
- any intrusion, however slight, of any object or any part of the body of one person into the sex organ or anus of another person, including oral sex or anal penetration.5
Note: There does not have to be semen found to prove sexual penetration.5
1 10 Del.C. § 7203(b)(1)
2 10 Del.C. § 7202(3); 11 Del.C. § 761(k)
3 10 Del.C. § 7202(8)
4 11 Del.C. § 761(l)
5 10 Del.C. § 7202(9)
What types of sexual violence protective orders are available? How long do they last?
There are two types of sexual violence protective orders: emergency sexual violence protective orders and nonemergency sexual violence protective orders.
Emergency sexual violence protective orders: An emergency order is issued “ex parte.” Ex parte means that the abuser is not notified beforehand and is not present at the hearing. If you ask for an emergency order, the court must hold the ex parte hearing within 72 hours of the time you file your case. A Superior Court judge or commissioner can issue an emergency sexual violence protective order if s/he finds that all of the following things are true:
- you have been a victim of non-consensual sexual conduct or non-consensual penetration;
- the abuser has said or done specific things during or after the non-consensual sexual conduct, which cause you to reasonably fear that s/he will harm you in the future; and
- there is an immediate and present danger that that the abuser will cause you physical harm.1
If the court issues an emergency order, there must be a full hearing in Superior Court within 15 days. Emergency orders can be extended until the abuser can be served, but emergency sexual violence protective orders can only last for up to 45 days.2
Nonemergency sexual violence protective orders: A Superior Court judge or commissioner can issue a nonemergency sexual violence protective order after the abuser has notice of the case and the opportunity to participate in a court hearing. To issue an order, the judge or commissioner must believe that numbers 1 and 2, listed above, are true.3
Nonemergency orders can last for up to three years4 but you can request to renew a nonemergency order before it expires. See Can I renew a sexual violence protective order? for more information.
Note: The abuser can request a hearing to end a nonemergency sexual violence protective order once within the three-year period that the order is effective.5
1 10 Del.C. § 7204(b)
2 10 Del.C. § 7204(f)
3 10 Del.C. § 7205(b)(4)
4 10 Del.C. § 7205(i)
5 10 Del.C. § 7206(a)
What protections can I get in a sexual violence protective order?
In an emergency or nonemergency sexual violence protective order, the court may order the abuser to:
- not contact you - directly, indirectly, or through a third party;
- stay away from your home, your workplace, your school, or any other place you go to;
- not come within a specified distance of you;
- turn in his/her firearms to the police or a licensed firearms dealer in Delaware, and not purchase or receive any other firearms while the order is in effect;
- undergo a drug, alcohol, or mental health assessment; and
- grant any other relief reasonably necessary for your protection.1
The court can also order law enforcement to search for and take (seize) any firearms or ammunition owned or controlled by the abuser.1 If you think that you will be in more danger if the abuser learns your location, you can ask the court not to reveal your current address or place of residence.2
Note: The court cannot order the abuser to pay you money damages in a sexual violence protective order.3 For more information on how to try to get financial compensation in court, go to our Suing an Abuser for Money page.
1 10 Del.C. §§ 7204(d); 7205(c)
2 10 Del.C. § 7203(c)
3 10 Del.C. § 7203(l)
Where can I file for a sexual violence protective order?
You can file in the county you live in, the county the abuser lives in, or the county where the sexual violence took place.1
1 10 Del.C. § 7203(a)
If the abuser lives in a different state can I still get an order against him/her?
When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.
However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you but s/he has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to give you an order, you can file in the courthouse in the abuser’s state. However, you will likely need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.
Eligibility for a sexual violence protective order
Who can file for a sexual violence protective order?
If you are a victim of sexual violence and the abuser is not a “family or household member,” you could file for the sexual violence protective order explained in this section.1
If the abuser is a family or household member, you would instead file for a protection from abuse order.
If the victim is a “vulnerable adult,” or any other adult who is unable to file on his/her own because of age, health, disability, or “inaccessibility,” another person may file the petition on the victim’s behalf.2
A “vulnerable adult” is anyone 18 years old or older for whom a guardian has been appointed. It can also mean an adult who is physically or mentally ill, cognitively disabled, or who has been isolated and is therefore more vulnerable to abuse, mistreatment, or coercion.3
1 10 Del.C. § 7201
2 10 Del.C. § 7203(b)(2)
3 11 Del.C. § 1105(c)
Can I file for a sexual violence protective order if I am a minor?
If you are a minor under age 16, an adult acting on your behalf will need to file the petition for you. However, if you are between the ages of 16-18 years old, you may choose to file a petition on your own.1
1 10 Del.C. § 7203(b)(2), (g)
Can I file for a sexual violence protective order if the abuser is a minor?
A sexual violence protective order may only be filed against a person who is 18 years old or older.1
1 10 Del.C. § 7203(h)
How much does it cost?
The court process
What are the steps for getting a sexual violence protective order?
The steps for getting a sexual violence protective order are similar to the steps for getting an order of protection from abuse, but you will fill out different forms.
Your petition for a sexual violence protective order must include the following information:
- the act(s) of non-consensual sexual conduct or non-consensual sexual penetration the abuser committed against you, including the date on which it happened; and
- the specific things the abuser said or did during or after the non-consensual act which make you afraid that s/he will harm you in the future. If those things happened more than one year before you filed, you must also explain which exception to the time limit applies.1
Note: If you are asking for an emergency order, your petition must also state that the abuser poses an immediate and present danger of causing you physical harm.2
1 10 Del.C. § 7205(a)
2 10 Del.C. § 7204(a)(3)
Is there a time limit for filing?
You must file your petition within one year of the most recent date that the abuser said or did something that made you reasonably fear that s/he will harm you in the future. However, there are a few exceptions that will pause this time period temporarily if they happened after the sexual violence took place. The exceptions are:
- if the abuser was incarcerated;
- if the abuser lived more than 100 miles from your home; or
- if the abuser was under a different no contact order that kept him/her away from you.1
If one of those three things happened, the one year period will be paused for however long the situation went on. For example, if the abuser committed sexual violence on January 1, 2024 and then was incarcerated for 15 days in February 2024, the deadline for filing would be January 15, 2025 instead of December 31, 2024.
1 10 Del.C. § 7203(k)
Will I have to testify in front of the abuser?
It is up to you to prove to the judge that you were the victim of sexual violence. Usually, your testimony about what happened to you will be the most convincing evidence in your case. In general, the abuser has the right to attend the court hearings, cross-examine the witnesses against him/her, and to present his/her own evidence.1 Therefore the abuser will most likely be present when you testify. However, there is an exception - if you are a minor or a vulnerable adult and someone else has filed the petition on your behalf, you may testify without the abuser present.2
1 10 Del.C. § 7205(b)(3)
2 10 Del.C. § 7205(b)(5)
Is there anything that the abuser can’t talk about in court?
If your case goes to trial because the abuser objects to the order being entered, you will most likely have to testify about what happened and be cross-examined by the abuser’s lawyer. However, if the abuser doesn’t have a lawyer, it’s possible that the abuser will be the one to ask the questions on cross-examination. Delaware’s law includes several rules to help prevent a victim of sexual assault from being re-victimized in the courtroom during cross-examination. In most situations, your “sexual reputation” or your prior sexual activity can only be brought up if:
- it is related to past sexual activity with the abuser; and
- the abuser is using that past activity as evidence that the non-consensual contact you alleged in your petition was actually consensual.1
In addition, none of the following things can be considered as evidence:
- if the abuser was voluntarily intoxicated;
- if you were voluntarily intoxicated;
- if you consented to limited sexual touching with the abuser; and
- if you chose not to report the abuser’s non-consensual acts or his/her threats to law enforcement officials.2
1 10 Del.C. § 7205(6)
2 10 Del.C. § 7205(7)
Do I need a lawyer? Will the court appoint me one?
You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial.
The judge has the option of appointing a guardian ad litem or an attorney to represent either party in a sexual violence protective order if s/he thinks it is necessary.1
If you are not appointed a lawyer but you want one to help you with your case, you can find information on legal assistance on the DE Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 10 Del.C. § 7203(i)
After the hearing
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the protection order as soon as possible.
- Keep a copy of the protection order with you at all times.
- Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want to change your locks and phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
I was not granted a sexual violence protective order. What are my options?
The process for trying to appeal a denial of a sexual violence protective order is different if the decision was made by a commissioner or by a judge.
Orders entered by a commissioner may be appealed to a judge of the Superior Court by filing written objections to specific findings and recommendations the commissioner made. Objections from a commissioner’s orders must be filed with the Superior Court within ten days of the order. Then, a judge will make his/her own decision on the case. The judge may accept, reject, or modify, all or part of the findings or recommendations made by the commissioner. The judge may also request further evidence or send the case back to the commissioner with instructions on what to do next.1
Orders entered by a Superior Court judge may be appealed to the Delaware Supreme Court. A notice of appeal must be filed within 30 days of the Superior Court judge’s order.2 We have general information about appealing an order to an appellate court on our Preparing for Court – By Yourself page.
1 10 Del.C. § 512(b)(1)d
2 10 Del.C. §§ 148; 7205(h)
Can I renew a sexual violence protective order?
The person who filed for the original order may request to renew a sexual violence protective order within three months before the order expires. The court will notify the abuser and hold a hearing where both parties can be present. The judge will grant the renewal if the petitioner proves that the abuser continues to pose a danger of causing him/her harm. A renewed sexual violence protective order lasts for up to three years.1
1 10 Del.C. § 7206(b)
What happens if the abuser violates the order?
Violating a sexual violence protective order is a Class A misdemeanor or a Class F felony.1 If the abuser is convicted of a Class A misdemeanor, the judge could sentence the abuser to up to one year in jail, a fine of up to $2,300, and other conditions that the judge thinks are appropriate. If the abuser is convicted of a Class F felony, the judge could sentence the abuser to up to three years in prison, and fines and other penalties that that the judge thinks are appropriate.2
1 10 Del.C. § 7209(a); 11 Del.C. § 1271A(b)
2 11 Del.C. §§ 4206(a); 4205(b)(6), (k)
If I get a protective order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- any protection order, restraining order, or injunction you get; and
- the registration of your order in a different state.1
1 18 USC § 2265(d)(3)
Where can I find additional information about sexual assault?
To read more about sexual assault, you can go to our About Abuse page. If you have been sexually assaulted, you may want to reach out for support to deal with the trauma of being a victim of sexual violence or intimidation. There are places that you can call for help:
- Rape Abuse and Incest National Network (RAINN) at 1-800-656-HOPE (4673) for support, information, and other resources. Free, confidential, 24 hrs.
- National Domestic Violence Hotline 1-800-799-SAFE (7233) or 1-800-787-3244 (TTY) for support, shelter, or services. Free, confidential, 24 hrs.
- If you know a child who is being abused or neglected, you can call the Childhelp USA National Child Abuse Hotline 1-800-4-A-CHILD (422-4453) for advice and information. This is not the same as reporting the abuse - the purpose is to give you information on options. Free, confidential, 24 hrs.
- For personalized legal information, you can contact the WomensLaw Email Hotline.
There are also Internet “chat rooms” for victims of sexual violence or intimidation where you can remain anonymous and still get support from others who have been through similar assaults. Go to our Chats and Message Boards page for resources.
Lethal Violence Protective Orders
Basic info
What is a lethal violence protective order?
A lethal violence protective order is an order issued by a Justice of the Peace Court or a Superior Court that keeps a person (“respondent”) from doing any of the following with a firearm:
- controlling;
- owning;
- buying;
- having;
- having access to; or
- receiving.1
The purpose of a lethal violence protective order is to keep the respondent from hurting him/herself or others with a firearm.2
1 10 Del. Code § 7701(3)
2 10 Del. Code § 7701(6)
What protections can I get in a lethal violence protective order?
In either an emergency or a nonemergency lethal violence protective order, a judge can order that the respondent:
- give up any firearms or ammunition s/he owns, has, or can access to law enforcement or another person (a “designee”);
- submit to a search by law enforcement looking for firearms or ammunition; and
- not live with anyone who owns, has, or has access to any firearms or ammunition.1
110 Del. Code § 7704(d)
Who can file for a lethal violence protective order?
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)
What types of orders are there? How long do they last?
There are two types of lethal violence protective orders: emergency lethal violence protective orders and nonemergency lethal violence protective orders.
Emergency lethal violence protective orders: An emergency lethal violence protective order must be requested by a law enforcement officer in a Justice of the Peace Court. An emergency order is issued ex parte. Ex parte means that the respondent is not notified beforehand and is not present at the hearing. A justice of the peace can issue an emergency lethal violence protective order when s/he finds that the respondent poses an immediate and present danger of causing physical injury to him/herself or others by owning, buying, or having access to a firearm. If a justice of the peace issues an emergency order, there must be a full hearing in Superior Court within 15 days. Emergency orders can be extended until the respondent can be served, but emergency lethal violence protective order can only last for up to 45 days.1
Nonemergency lethal violence protective orders: A law enforcement officer or the respondent’s family member can request a nonemergency lethal violence protective order in a Superior Court. A judge can issue a nonemergency lethal violence protective order after the respondent has notice of the case and the opportunity to participate in a court hearing. The judge must find that the respondent poses an immediate and present danger of causing physical injury to him/herself or others by owning, buying, or having access to a firearm. Nonemergency orders can last for up to one year.2
Note: The respondent can request a hearing to end a nonemergency lethal violence protective order once within the one-year period that the order is effective.3 The petitioner who filed for the order can also request to renew a nonemergency order before it expires. See Can I renew a lethal violence protective order? for more information.
1 10 Del. Code § 7703(a), (b), (f)
2 10 Del. Code § 7704(a), (b), (j)
3 10 Del. Code § 7705(a)
Getting the order
Can I renew a lethal violence protective order?
The petitioner who filed for the original order may request to renew a lethal violence protective order within the three months before the order expires.1 The judge will give notice to the respondent and hold a hearing.2 The judge will grant the renewal if the petitioner shows that the respondent continues to pose a danger of causing physical injury to him/herself or others by owning, buying, having, or having access to a firearm.3 A renewed lethal violence protective order lasts for up to one year.4
110 Del. Code § 7705(b)
210 Del. Code § 7705(b)(1)
310 Del. Code § 7705(b)(2)
410 Del. Code § 7705(b)(4)
How do I get a lethal violence protective order?
The process for getting a lethal violence protective order is similar to getting an order of protection from abuse, but you will fill out different forms.
Your petition for a lethal violence protective order must include a sworn statement that:
- claims that 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; and
- lists what you believe is the location of any firearms that the respondent owns, has, has access to, or controls.1
Your petition must be filed in the county where the respondent lives.2
110 Del. Code § 7704(a)
210 Del. Code § 7702(b)
What happens if the respondent violates the order?
Violating a lethal risk protective order is a Class A misdemeanor.1 If the respondent is convicted of a Class A misdemeanor, the judge could sentence the respondent to up to one year in jail, a fine of up to $2,300, and other conditions that the judge thinks are appropriate.1
110 Del. Code § 7708(a); 11 Del. Code § 1271A(b)
2 11 Del. Code § 4206(a)
Moving to Another State with an Order of Protection from Abuse
General rules
How do I know if my order of protection from abuse is good under federal law?
A protection order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
Can I get my order of protection from abuse from Delaware enforced in another state?
If you have a valid Delaware order of protection from abuse that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my order of protection from abuse is good under federal law? to find out if your order qualifies.
Each state must enforce out-of-state protection orders in the same way it enforces its own orders, which means that if the abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”
I have an emergency ex parte order. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection from abuse is good under federal law?1
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
1 18 U.S.C. § 2265(b)(2)
Getting your Delaware order of protection from abuse enforced in another state
How do I get my order of protection from abuse order enforced in another state?
Federal law does not require you to take any special steps to get your order of protection from abuse enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order of protection from abuse is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our DE Advocates and Shelters page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your order of protection from abuse with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
1 18 U.S.C. § 2265(d)(2)
Do I need a special copy of my order of protection from abuse to get it enforced?
In some states, you will need a certified copy of your order of protection from abuse. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Delaware, a certified order usually has a stamp that says “Certified” and a seal.
The copy you originally received was most likely not a certified copy. If your copy is not a certified copy, you should go to the Records department of the courthouse where your order of protection from abuse was granted. You must bring a photo ID. There is no fee if you are getting a certified copy.
Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.
Can I get someone to help me? Do I need a lawyer?
You do not need a lawyer to get your protection order enforced in another state.
However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protection order, and help you through the process if you decide to do so.
To find a domestic violence advocate or an attorney in the state you are moving to, please visit our DE Places that Help tab on the top of this page and select the state you are moving to.
Do I need to tell the court in Delaware if I move?
It might be a good idea to give the court a current address so that you can be notified of any actions that are taken regarding your protective order. If you provide your new address to the court, you can ask that it be kept confidential. You can also give the court an address of a trusted friend or P.O. box if you feel unsafe giving out your street address.
Enforcing custody provisions in another state
I was granted temporary custody with my order of protection from abuse. Can I take my kids out of the state?
It may depend on the exact wording of the custody provision in your order of protection from abuse. You may have to first seek the permission from a judge before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.
To read more about custody laws in Delaware, go to our Custody page.
If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance on our DE Places that Help page.
I was granted temporary custody with my order of protection from abuse. Will another state enforce this custody order?
Custody, visitation, and child support provisions that are included in a protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
1 18 USC § 2266
Enforcing Your Out-of-State Order in Delaware
General rules for out-of-state orders in Delaware
Can I get my out-of-state protection order enforced in Delaware? What are the requirements?
If you have a protection order that was issued in another state or U.S. territory, it can be enforced in Delaware as long as it meets all of these requirements:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the power or authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
If you have an order of protection that was issued in Canada, it can be enforced in Delaware as long as it orders the abuser to do one or more of the following:
- stay away from you or a certain place (for example, your home, work, etc.)
- not follow you
- not .contact you, either directly or indirectly
- not bother (molest), annoy, or harass you
- not participate in threatening conduct directed at you.3
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
3 10 Del. Code §§ 1049H(1); 1049I; 1049J
Can I have my out-of-state protection order changed, extended, or canceled in Delaware?
Generally, only the state that issued your protection order can change, extend, or cancel the order.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. Find out if this is possible in your state by calling the clerk of the court that issued your order. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.
If your order does expire while you are living in Delaware, you may be able to get a new one issued in Delaware but this may be difficult to do if no new incidents of abuse have occurred in Delaware. To find out more information on how to get a protective order in Delaware, visit our Orders of Protection from Abuse page.
I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in Delaware?
As long as the child custody provision complies with certain federal laws,1 Delaware can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer or legal aid program in your area, please visit our DE Finding a Lawyer page.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
Registering your out-of-state order in Delaware
What is the National Crime Information Center (NCIC) Registry? Who has access to it?
The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.
Before moving to Delaware, the state that issued your protection order may already have entered your order into the NCIC. If not, your order may be entered into the NCIC once your order is registered in Delaware.
All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.
How do I register my out-of-state protection order in Delaware?
To register a protection order that was issued in another state, a U.S. territory, or in Canada, bring a certified copy of your order and a letter requesting the order be registered to your local Family Court. You may be asked to file an affidavit that says that to the best of your knowledge, the order has not expired. There is no fee for registration.1 To find you local Family Court, see our DE Courthouse Locations page.
If you need help registering your protection order, you can contact a local domestic violence organization in Delaware for assistance. You can find contact information for organizations in your area here on our DE Advocates and Shelters page located on the Places that Help tab on the top of this page.
1 10 Del. Code §§ 1049D; 1049K
Do I have to register my out-of-state protection order in Delaware in order to get it enforced?
You do not have to register a protection order that was issued in another state, a U.S. territory, or in Canada in order for it to be enforced.
Delaware courts can enforce an out-of-state protection order as long as:
- the order contains the your name and the abuser’s name;
- it appears to be currently valid (not expired);
- the court that granted the order had the proper authority (jurisdiction) to issue it; and
- the abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.1
Delaware law enforcement can enforce an out-of-state protection order as long as there is good reason (“probable cause”) to believe that:
- the protection order is a valid, current order; and
- the order has been violated.2
The order does not have to be entered into the state or federal registry in order to be enforced by a Delaware law enforcement officer.2
1 10 Del. Code §§ 1049B(d)-(f); 1049J(c)
2 10 Del. Code §§ 1049C; 1049I
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our DE Advocates and Shelters page.
1 18 USC § 2265(d)
What if I don't register my protection order? Will it be more difficult to have it enforced?
While neither federal law nor state law requires that you register your protection order in order to get it enforced,1 if your order is not entered into the state registry, it may be more difficult for a Delaware law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Delaware. To see a list of local domestic violence organizations in DE, please visit our DE Advocates and Shelters page located on the Places that Help tab on the top of this page.
1 10 Del. Code §§ 1049D; 1049K
Does it cost anything to register my protection order?
There is no fee for registering your protection order from another state, a U.S. territory, or from Canada in Delaware.1
1 10 Del. Code §§ 1046(b), (g); 1049K(g)