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Legal Information: Delaware

Statutes: Delaware

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March 26, 2024

§ 1049H. Definitions

As used in this part:

(1) “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from doing 1 or more of the following:

a. Being in physical proximity to a protected individual or following a protected individual.

b. Directly or indirectly contacting or communicating with a protected individual or other individual described in the order.

c. Being within a certain distance of a specified place or location associated with a protected individual.

d. Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.

(2) “Court” means the Family Court of this State.

(3) “Domestic protection order” means an injunction or other order issued by the Court which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual.

(4) “Issuing court” means the court that issues a Canadian domestic-violence protection order.

(5) “Law-enforcement officer” means an individual authorized by law of this State other than this part to enforce a domestic protection order.

(6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(7) “Protected individual” means an individual protected by a Canadian domestic-violence protection order.

(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) “Respondent” means an individual against whom a Canadian domestic-violence protection order is issued.

(10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally-recognized Indian tribe.