What types of orders of protection from abuse are there? How long do they last?
There are two types of order of protection from abuse:
Emergency ex parte order. If you are in immediate danger of abuse, you can ask for an emergency ex parte order when you apply for an order of protection. Ex parte means that the order can be issued without prior notice to the abuser and without the abuser being present. The commissioner may ask you some questions to determine if you are in need of immediate protection. If you get the order, it will last until your full hearing, which is usually within 15 days. The court can extend an ex parte order as needed, but not for more than 30 days. Note: If the court does not grant you an emergency ex parte order, you may still be given a court date for a full hearing scheduled within the next 30 days.1
Order of protection from abuse. A long-term order of protection from abuse can be issued only after a court hearing where you and the abuser have the chance to both be present and present evidence to the judge. Most of the protections will last for up to one year. However, if the order includes a term that the abuser cannot commit acts of domestic violence against you and/or cannot contact or attempt to contact you, these can last for up to two years2 or longer, even permanently, if:
- the length of the order is necessary to prevent further acts of domestic violence; and
- the judge finds that aggravating circumstances exist. “Aggravating circumstances” include any of the following:
- the abuser caused you physical injury or serious physical injury or s/he exposed any of your family or household members to such injuries;
- the abuser used a deadly weapon or dangerous instrument against you;
- there is a history of repeated violations of prior protective orders by the abuser;
- the abuser has been convicted of a crime against you in the past; or
- the abuser committed any other acts of abuse that causes the judge to believe that there is an immediate and ongoing danger to you or any member of your family or household.3
You may also file to extend your order.4 For the order to be extended, there must be a hearing and certain factors must be met. To read more about what you’d have to prove to get your order extended, go to How do I change, extend, or cancel my order of protection?
1 10 Del. C. §§ 1043; 1044(a)
2 10 Del C. § 1045(b)
3 10 Del C. § 1045(b), (f)
4 10 Del C. § 1045(c)