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Legal Information: Delaware

Restraining Orders

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April 8, 2020

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)