Restraining Orders

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;
• return legal documents, such as a passport, immigration papers, or Social Security card; 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)