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Legal Information: Delaware

Restraining Orders

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Laws current as of
March 26, 2024

I was not granted a sexual violence protective order. What are my options?

The process for trying to appeal a denial of a sexual violence protective order is different if the decision was made by a commissioner or by a judge.

Orders entered by a commissioner may be appealed to a judge of the Superior Court by filing written objections to specific findings and recommendations the commissioner made. Objections from a commissioner’s orders must be filed with the Superior Court within ten days of the order. Then, a judge will make his/her own decision on the case. The judge may accept, reject, or modify, all or part of the findings or recommendations made by the commissioner. The judge may also request further evidence or send the case back to the commissioner with instructions on what to do next.1  

Orders entered by a Superior Court judge may be appealed to the Delaware Supreme Court. A notice of appeal must be filed within 30 days of the Superior Court judge’s order.2 We have general information about appealing an order to an appellate court on our Preparing for Court – By Yourself page.

1 10 Del.C. § 512(b)(1)d
2 10 Del.C. §§ 148; 7205(h)