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Legal Information: Delaware

Restraining Orders

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Laws current as of March 26, 2024

Will I have to testify in front of the abuser?

It is up to you to prove to the judge that you were the victim of sexual violence. Usually, your testimony about what happened to you will be the most convincing evidence in your case. In general, the abuser has the right to attend the court hearings, cross-examine the witnesses against him/her, and to present his/her own evidence.1 Therefore the abuser will most likely be present when you testify. However, there is an exception - if you are a minor or a vulnerable adult and someone else has filed the petition on your behalf, you may testify without the abuser present.2

1 10 Del.C. § 7205(b)(3)
2 10 Del.C. § 7205(b)(5)