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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

What protections can I get in a sexual violence protective order?

In an emergency or nonemergency sexual violence protective order, the court may order the abuser to:

  • not contact you - directly, indirectly, or through a third party;
  • stay away from your home, your workplace, your school, or any other place you go to;
  • not come within a specified distance of you;
  • turn in his/her firearms to the police or a licensed firearms dealer in Delaware, and not purchase or receive any other firearms while the order is in effect;
  • undergo a drug, alcohol, or mental health assessment; and
  • grant any other relief reasonably necessary for your protection.1

The court can also order law enforcement to search for and take (seize) any firearms or ammunition owned or controlled by the abuser.1 If you think that you will be in more danger if the abuser learns your location, you can ask the court not to reveal your current address or place of residence.2

Note: The court cannot order the abuser to pay you money damages in a sexual violence protective order.3 For more information on how to try to get financial compensation in court, go to our Suing an Abuser page.

1 10 Del.C. §§ 7204(d); 7205(c)
2 10 Del.C. § 7203(c)
3 10 Del.C. § 7203(l)