Delaware Domestic Violence Laws

It seems like domestic violence is a thing that shouldn't exist, but it's a sad truth that it does. The state of Delaware has protections in place to help victims of domestic abuse and programs designed to keep it from recurring. Even so, it remains an unfortunate reality.

Suffering as a victim of domestic violence can feel like being unable to wake up from a nightmare. Whether you or someone you love is the target of domestic abuse or you stand accused of family violence, it's important to have a firm understanding of Delaware's domestic violence laws.

This article will examine Delaware codes dealing with all aspects of domestic violence, from violations and penalties to intervention programs designed to break the cycle of violence.

Domestic Violence Laws in Delaware: How They Work

As with other states, the justice system addresses domestic violence through both the criminal courts and the family courts. An incident of domestic violence may involve investigation by the police and criminal charges. It may also lead to a petition for a protection order or the filing of a divorce in family court.

In Delaware, there is no stand-alone statute for the crime of domestic violence. Instead, domestic violence may coincide with a number of criminal offenses. Its presence in a given criminal incident may have an impact on the investigation, prosecution, sentencing, and other aspects of a criminal case.

Many crimes can be considered domestic violence abuse offenses when the victim is related as a family or household member. These include, but are not limited to:

• Assault
• Child abuse
• Criminal trespass
• Harassment
• Interception of communications
• Interference with custody
• Kidnapping
• Menacing
• Offensive touching
• Rape
• Sexual assault
• Sexual extortion
• Sexual harassment
• Sexual violence
• Stalking
• Strangulation or suffocation
• Trespass with intent to peep
• Unlawful imprisonment
• Unlawful sexual contact
• Violation of privacy, including posting and sending intimate images without consent

The family court has jurisdiction over misdemeanor criminal offenses involving family and household members.

For first-time adult offenders, state law provides the possibility of a diversion program. If an offender qualifies and elects to participate in diversion, they plead guilty to the criminal offense and the court defers further proceedings. The court places the offender on probation for one year. The offender must enroll with a treatment provider that has been certified by the Delaware Domestic Violence Coordinating Council (DVCC) and complete the program.

If an offender violates the terms of their domestic violence treatment program, then the court may adjudicate their guilt and move toward sentencing for their offense. If the offender completes the program, the court grants a discharge and dismissal. The Delaware Attorney General's Office retains the case records, as the plea will still count as a prior domestic violence offense under criminal law.

The cases of offenders who commit felony domestic violence offenses proceed in Superior Court. The criminal division of the Delaware Attorney General's Office prosecutes both misdemeanor and felony crimes in courts throughout the state.

In family court, claims of domestic violence may be part of a petition for a protection from abuse (PFA) order. Individuals suffering all kinds of abuse can petition the family court for a PFA order. To qualify, the person alleged to have committed the abuse needs to be related to the petitioner by one of the following:

• Family - either by blood or marriage
• Spouses and former spouses
• Persons who have a child in common, whether or not they live together
• A couple living together and involved in an intimate relationship
• Persons in a current or former substantive dating relationship

While physical injury is the common perception for domestic abuse offenses, it's not the only kind that can be inflicted. There are many types of domestic violence, including sexual abuse, emotional abuse, and financial abuse. In family court cases, the petitioner may or may not have pursued a criminal charge for the incident.

Whether in a criminal or family court setting, acts of self-defense by an intimate partner defending either themselves or their child from abuse or threats of abuse by another will not constitute domestic violence. It may not always be an easy task to identify the aggressor in a domestic incident. For law enforcement officers, training in domestic violence will be key.

Delaware Domestic Violence Laws: Orders of Protection From Abuse

When domestic violence rears its ugly head, Delaware has safeguards in place for the victims.

The Delaware Domestic Violence Coordination Council (DVCC) provides helpful information and resources for survivors seeking a PFA order or help in the court systems. The DVCC is a state agency focused on improving the state's response to domestic violence and sexual assault. Along with a coalition of key partners, it promotes legislation, community education, and a coordinated system response to violence.

In Delaware, a PFA order is similar to a protection or restraining order in other states. A domestic violence survivor can seek a PFA order through the Delaware Family Court by filing a petition in person or via email. They can represent themselves or have an attorney. The courts provide a helpful instruction packet for those seeking a PFA order.

If the petitioner seeks an emergency or ex parte order, a judicial officer will normally hear that request the same day it is filed. To grant an emergency order, the judicial officer must find that there is an immediate and present danger of domestic violence.

After a PFA petition is filed, the family court ensures the other party is served with the petition and/or any emergency order. The court will set a date for a case review with a court mediator.

The mediator will meet with both parties (petitioner and respondent) via Zoom or otherwise and attempt to reach an agreement on terms. If the respondent does not appear after service for the case review, the judicial officer can then hold a default hearing and decide whether or not to issue the PFA order.

If the parties agree on terms for a PFA order, they will meet with a judicial officer and confirm their agreement. The PFA order will then become a Consent Order (CO), with a duration of up to two years. A CO created this way is not an admission of guilt, proof of abuse, or admissible as evidence.

All PFA orders and COs are entered into the Delaware Criminal Justice Information System (DELJIS). This allows law enforcement to locate an order and its terms in any future dispute.

If the parties can't agree at the case review, the next step is a trial or hearing on the petition. At the hearing, both sides can present witnesses and evidence. The judicial officer will decide if abuse was committed and, if so, set the terms of any final PFA order. Unlike a CO that was agreed to by both parties, a final PFA order after an evidentiary hearing can be used as proof of abuse.

Once a family court CO or final PFA order is in place, both the petitioner and the respondent must follow the terms of the order. Any violation of the CO or final PFA order by the respondent can amount to criminal contempt. Based on the circumstances, they can be charged with either a class A misdemeanor or a class F felony and face a fine, jail time, or both.

A CO or PFA order can last up to two years. They can be extended if both parties give consent or if aggravated circumstances apply. These include previous domestic violence convictions, use of a firearm, causing a physical injury, or repeated violations of other PFA orders.

The terms of these orders vary by situation. Examples of common conditions can be:

• No contact from the abuser
• No contact from the abuser with any pets
• No presence at your residence, workplace, school, daycare, etc.
• No threats or abuse
• Must pay support (child, spousal, etc.)
• Must attend a Delaware domestic violence intervention program
• Can't destroy, sell, or conceal shared property
• Must return legal documents (immigration papers, passport, driver's license, etc.)
• Surrender all owned firearms
• Petitioner can be granted exclusive use of the home or of certain possessions
• Temporary custody of children
• Setting child visitation by the abuser
• Any other relief the court determines necessary

Once a CO or PFA order goes into effect, it can only be changed by a court after a party files a motion and the court holds a hearing.

Delaware courts also authorize other protection orders. The Superior Court can issue a Sexual Violence Protection Order in cases where the judicial officer finds that the petitioner is a victim of a sexual offense, the offender has said or done things that would reasonably cause the victim to fear future harm, and there is an immediate and present danger of physical harm.

Both the Justice of the Peace Court and the Superior Court can also hear petitions for a Lethal Violence Protective Order. In these cases, the judicial officer must evaluate whether to issue an order to prohibit the respondent from possessing firearms because of findings that they are a danger to themselves or others.

On a federal level, the Violence Against Women Act (VAWA) offers additional support in certain situations. For example, federal domestic violence charges may apply to an abuser with offenses that cross state lines. Under VAWA, domestic violence victims also retain protections related to federal housing.

Delaware Domestic Violence Laws: Intervention Programs

Domestic violence is often part of a vicious cycle. In some cases, the severity of the violence and public safety concerns will result in prison or jail time for offenders. The state of Delaware tries to break this pattern of violence with intervention programs designed to rehabilitate the offender.

Approved programs for treating domestic violence offenders are overseen by the Treatment Committee of the Delaware Domestic Violence Coordinating Council (DVCC). They may become a condition of a probation sentence.

Programs attempt to teach the offender to take responsibility for the abuse in the relationship. Once this is accomplished, they can be taught methods to gain self-control and remove the violence. After an evaluation, offenders are placed in the program best suited for their needs. In some cases, offenders also must address co-existing issues of substance or alcohol abuse.

Offenders are expected to pay for the treatment and are required to put in the time and effort to complete the program. Failure can lead to the imposition of criminal sanctions, including jail or prison time.

Delaware Domestic Violence Laws: Child Custody

As one might expect, acts of domestic violence often affect child custody rulings. How much they do so is different for each situation.

When determining or modifying child custody, the family court is obliged to act in the best interests of the child. In deciding what custody or parenting time will be in a child's best interest, the court will consider many factors. These can include the child's wishes, the mental health of all involved, the parents' ability to communicate and cooperate, and any past or present domestic violence abuse.

Criminal offenses involving domestic abuse can serve to limit or suspend visitation rights. The court must weigh the child's safety and the need to avoid as much emotional distress as possible for the child.

Delaware Domestic Violence Laws: Victim Compensation

In addition to facing criminal charges for the domestic violence abuse they inflicted, you can sue your abuser for civil damages. Possible types of lawsuits include:

• Lost wages
• Medical bills
• Pain and suffering caused by any type of abuse
• Return of property (replevin)
• The illegal sharing or posting of intimate images of you
• Injunctive relief, if not covered by a CO or PFA order

Amounts up to $25,000 can be filed in small claims court, which is called Justice of the Peace Court in Delaware. To file for more than $25,000, consider consulting with a Delaware attorney for legal advice.

Delaware Domestic Violence Laws: Summary

The following table offers both a recap of what you learned above and further details on important code sections, PFA orders, and types of abuse.

Note: State laws are in constant change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Delaware family law attorney or conduct independent legal research to verify the status of any Delaware state laws you are reviewing.

Delaware Domestic Violence Laws: Additional Resources

• Domestic Violence Victim Resources
• Stopping Domestic Violence
• Delaware Domestic Violence Shelters and Advocates
• Domestic Violence FAQ
• National Domestic Violence Hotline
• Delaware Coalition Against Domestic Violence

Domestic Violence Problems in Delaware? Talk to an Attorney

All Delaware laws can be confusing, but those dealing with domestic abuse are especially difficult to understand. No matter which side of the equation you're on, any mistake you make can destroy your life.

If you're a victim of any type of domestic violence, consider speaking with a Delaware domestic abuse attorney after getting yourself somewhere safe. They specialize in aiding survivors of domestic violence and can make sure you get the best protections possible.

When facing domestic violence abuse charges, you need a strong advocate in your corner. Consult with a criminal defense attorney who can analyze your case, explain your options, and give you legal advice on how to proceed.