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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

What are the steps for getting a sexual violence protective order?

The steps for getting a sexual violence protective order are similar to the steps for getting an order of protection from abuse, but you will fill out different forms.

Your petition for a sexual violence protective order must include the following information:

  1. the act(s) of non-consensual sexual conduct or non-consensual sexual penetration the abuser committed against you, including the date on which it happened; and
  2. the specific things the abuser said or did during or after the non-consensual act which make you afraid that s/he will harm you in the future. If those things happened more than one year before you filed, you must also explain which exception to the time limit applies.1

Note: If you are asking for an emergency order, your petition must also state that the abuser poses an immediate and present danger of causing you physical harm.2

1 10 Del.C. § 7205(a)
2 10 Del.C. § 7204(a)(3)