Legal Information: Delaware

Restraining Orders

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Updated: 
October 26, 2018

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