Legal Information: Delaware

Restraining Orders

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November 4, 2022

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 your residence, work place, school, day care (you may have to specifically request these places);
  • stop threatening or abusing you;
  • stop contacting you;
  • pay child support and spousal support;
  • pay certain other expenses;
  • 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);
    • attend counseling; and
    • not destroy, sell, or conceal joint property.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; 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

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