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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

Step 3: Service of process

The abuser must be “served,” or given papers that tell him/her about the hearing date and your emergency (ex parte) order, if the court gave you one.

Whether or not you are granted an emergency (ex parte) order, the clerk of court will prepare a summons. S/he will order that a copy of the summons and petition be served on the respondent named in the petition.

The court will request law enforcement to serve the papers on the abuser. There is no charge to have the authorities serve the abuser. Do not try to serve the papers yourself.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?