Legal Information: Delaware

Restraining Orders

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Updated: 
September 13, 2023

What protections can I get in an order of protection from abuse?

In an order of protection from abuse, a judge may order the abuser to:

  • stay away from you;
  • stay away from a pet (“companion animal”) owned or held by you, the abuser, or a minor child living in the home of you or the abuser;
  • not take, transfer, hide, harm, or otherwise get rid of such pet;
  • stay away from your residence, work place, school, daycare;
  • stop threatening or abusing you;
  • stop contacting you;
  • pay child support and spousal support;
  • pay certain other expenses;
  • attend counseling; 
  • not destroy, sell, or conceal joint property; and
  • surrender any and all firearms. Note: The judge can order the police to search for and take the respondent’s firearms if you can describe:
    • what type of gun s/he has;
    • where it is located; and​
    • how s/he has used or threatened to use a gun against you or how you fear that s/he might.1

A judge may also grant you:

  • exclusive use of the home or of certain possessions, including the family car (regardless of who has title to the home or possessions);
  • temporary custody of children;
  • power to decide the conditions of child visitation by the abuser;
  • exclusive care, custody, or control of any pet (“companion animal”) owned or held by you, the abuser, or a minor child living in the home of you or the abuser; and
  • any other relief that the judge believes are necessary in order for you to be free from the violence.1

Whether a judge orders any or all of the above depends on the facts of your case.

1 10 Del.C. § 1045(a)

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