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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

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)

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)

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)