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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

Do I need a lawyer? Will the court appoint me one?

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer or if your case is going to go to trial.

The judge has the option of appointing a guardian ad litem or an attorney to represent either party in a sexual violence protective order if s/he thinks it is necessary.1   

If you are not appointed a lawyer but you want one to help you with your case, you can find information on legal assistance on the DE Finding a Lawyer page. Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 10 Del.C. § 7203(i)