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Legal Information: Delaware

Statutes: Delaware

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March 26, 2024

§ 703A. Definitions

(a) “Domestic violence” includes but is not limited to physical or sexual abuse or threats of physical or sexual abuse and any other offense against the person committed by 1 parent against the other parent, against any child living in either parent’s home, or against any other adult living in the child’s home. “Domestic violence” does not include reasonable acts of self-defense by 1 parent for self-protection or in order to protect the child from abuse or threats of abuse by the other parent or other adult living in the child’s home.

(b) “Perpetuator of domestic violence” means any individual who has been convicted of committing any of the following criminal offenses in the State, or any comparable offense in another jurisdiction, against the child at issue in a custody or visitation proceeding, against the other parent of the child, or against any other adult or minor child living in the home:

(1) Any felony level offense.

(2) Assault in the third degree.

(3) Reckless endangering in the second degree.

(4) Reckless burning or exploding.

(5) Unlawful imprisonment in the second degree.

(6) Unlawful sexual conduct in the third degree.

(7) Criminal contempt of Family Court protective order based on an assault or other physical abuse, threat of assault or other physical abuse or any other actions placing the petitioner in immediate risk or fear of bodily harm.

(8) Child abuse in the third degree.