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Legal Information: Delaware

Restraining Orders

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Laws current as of
March 26, 2024

Who can file for a sexual violence protective order?

If you are a victim of sexual violence and the abuser is not a “family or household member,” you could file for the sexual violence protective order explained in this section.1

If the abuser is a family or household member, you would instead file for a protection from abuse order.

If the victim is a “vulnerable adult,” or any other adult who is unable to file on his/her own because of age, health, disability, or “inaccessibility,” another person may file the petition on the victim’s behalf.2  

A “vulnerable adult” is anyone 18 years old or older for whom a guardian has been appointed. It can also mean an adult who is physically or mentally ill, cognitively disabled, or who has been isolated and is therefore more vulnerable to abuse, mistreatment, or coercion.3

1 10 Del.C. § 7201
2 10 Del.C. § 7203(b)(2)
3 11 Del.C. § 1105(c)

Can I file for a sexual violence protective order if I am a minor?

If you are a minor under age 16, an adult acting on your behalf will need to file the petition for you. However, if you are between the ages of 16-18 years old, you may choose to file a petition on your own.1

1 10 Del.C. § 7203(b)(2), (g)

Can I file for a sexual violence protective order if the abuser is a minor?

A sexual violence protective order may only be filed against a person who is 18 years old or older.1

1 10 Del.C. § 7203(h)

How much does it cost?

There is no fee to file for a sexual violence protective order.1

1 10 Del.C. § 7203(f)