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Legal Information: Delaware

Restraining Orders

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Laws current as of November 15, 2024

My petition for an order was denied. Can I appeal?

If it was a commissioner who denied you an ex parte or final order, this can be appealed to a judge of the family court1 by filing a form called an “Request to Review a Commissioner’s Order.” It must be filed within 30 days of the order. You can read more about this and other options on the Delaware Courts website.

If it was a judge who denied you the order of protection, you might be able to appeal to the Delaware Supreme Court. It’s important to talk to a lawyer as soon as possible since the timeframe to file an appeal is very short. You can read more about appeals, in general, on our Preparing for Court - By Yourself page. 

1 DE R FAM CT RCP Rule 53.1(b)

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