DE

Based on 2023 legislative amendments, we did the following:

• Revised What is the legal definition of abuse in Delaware? in our Delaware Orders of Protection from Abuse section to include the fact that the following are now considered grounds for getting a protective order
  • causing physical injury to a pet or service animal;
  • engaging in a course of alarming or distressing conduct that is likely to cause fear or emotional distress or cause a violent or disorderly response, including conduct that is directed towards a pet or service animal; and
  • any of the following acts when used as a method of coercion, control, punishment, or intimidation against the victim: 
    • causing or attempting to cause physical injury to a pet who the victim has close bond with;
    • acting in a way that is likely to cause the victim to fear that a pet who s/he has close bond with will be physically injured; or
    • committing the crime of cruelty to animals against a pet who the victim has a close bond with.
• Revised What protections can I get in an order of protection from abuse? to add these new protections that a judge can include in a protection order: 
  • stay away from a pet (“companion animal”) owned or held by the victim, the abuser, or a minor child living in the home of victim or the abuser;
  • not take, transfer, hide, harm, or otherwise get rid of such pet;
  • give the petitioner the exclusive care, custody, or control of any such pet.

We also added the related statute of cruelty to animals to our Selected Delaware Statutes page and Delaware Crimes page.