How do I change, extend, or cancel my order of protection?
Changing / canceling an order
Either you or the respondent may apply to the family court to have an order of protection from abuse changed by filling out a court form requesting the modification. You can get the form from the clerk’s office.
The court can modify a non-consent order (an order that was issued by the judge after a hearing) only if the party asking for the modification (you or the abuser) proves that there is a good reason for the change. The court can modify a consent order if both parties agree.1
Extending an order
You can file a motion to extend your order before your original order expires and a hearing date will be set for both you and the abuser to appear in court. The order can be extended for a time period determined by the judge. However, for the judge to extend your order, one of the following must happen at the hearing:
- the judge determines that:
- domestic violence has occurred since you got the original order;
- a violation of the order has occurred; or
- you prove that there is other “good cause” (a good reason) to extend the order; or
- the respondent consents to the extension of the order.2
You can find some of the forms you need through the DE Download Court Forms page on this website.
1 See the Delaware State Courts website
2 10 Del. C. § 1045(c)