Legal Information: Delaware

Restraining Orders

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Updated: 
April 12, 2017

Can I get my protection order enforced in Delaware? What are the requirements?

Yes. Your out-of-state protection order can be enforced in Delaware 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.*
  • 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.**

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.


* 18 U.S.C. § 2266(5)

** 18 U.S.C. § 2265(a) & (b)