Legal Information: Delaware

Restraining Orders

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Updated: 
April 12, 2017

I was granted temporary custody with my order of protection from abuse. Can I take my kids out of the state?

Maybe. 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 in the DE area on our DE Places that Help tab on the top of this page.