Delaware Family Law on Domestic Violence

Delaware family law defines domestic violence as abuse that can be physical, emotional, or involve patterns of control, including financial dependence or coercion. The law specifically protects individuals related by blood, marriage, cohabitation, or those sharing a child. Delaware’s legal framework provides various protective orders and intervention programs to prevent abuse and address the behavior of offenders.

Being with family and other loved ones should be a safe haven, but that’s not always the case. Domestic violence is an insidious and persistent problem. Delaware has laws in place to shelter victims and offer protection from recurring domestic abuse. Knowing how Delaware domestic violence laws work can help you understand what to avoid and how to escape a dangerous situation.

This article explains what defines domestic violence in Delaware, who it affects, and how Delaware law addresses it through the family courts and child custody cases. We’ll examine the types of protective orders available, the process involved in applying for one, and how they’re enforced.

For a more focused examination of the charges and penalties associated with domestic violence abuse in Delaware, take a look at FindLaw’s Delaware Domestic Violence Laws article.

Domestic Violence and Delaware Family Law

It’s common to associate domestic violence with the image of a battered wife, but domestic abuse comes in many different forms. Recognizing the warning signs can help you and the ones you love to avoid a terrible incident.

Who Can Be a Victim?

Regardless of age or gender, anyone can be a victim of family violence. For a criminal charge to be considered domestic violence as well, both the victim and the abuser must be either family or part of the same household.

In Delaware, the following qualify:

• Anyone considered to be family by blood or marriage. This includes mothers, fathers, brothers, sisters, sons, daughters, grandfathers, grandmothers, grandsons, granddaughters, stepfathers, stepmothers, stepsons, stepdaughters, and all in-laws

• Spouses

• Former spouses

• Couples who live together

• People who have a child together but live separate and apart

• Current or former serious romantic partners

If none of these define the relationship between the victim and the abuser, criminal charges could still apply. They won’t be considered domestic violence or incur additional penalties, but prosecutors can bring other charges like assault/battery, or stalking.

What Constitutes Abuse?

When it comes to a concrete definition of domestic violence, some may have a vague concept of what it truly is. Domestic violence can be physical violence, but it can also be emotional abuse, patterns of power control through deprivation of freedom or finances, and neglect.

Delaware considers all of the following as domestic violence abuse:

• Causing or attempting to cause physical injury or sexual abuse

• Placing or attempting to place another person in reasonable apprehension or fear of physical abuse or a sexual offense

• Damaging, destroying, or taking someone’s tangible property, including legal documents

• Engaging in alarming or distressing conduct to cause fear, emotional distress, or to provoke a violent or disorderly response

• Trespassing on the property of another when excluded by a court order

• Child abuse

• Unlawful imprisonment

• Kidnapping

• Interference with custody and coercion

• Causing financial dependence

• Using coercion, control, punishment, or intimidation to hinder personal liberty or free will

• Any other conduct that a reasonable person under the circumstances would find threatening or harmful

Domestic violence charges are often attached to crimes committed that qualify as family violence.

Delaware Domestic Violence Intervention Programs

The Treatment Committee of the Delaware Domestic Violence Coordinating Council (DVCC) oversees the programs for treating domestic violence offenders approved in the state of Delaware. The goal is to have the offender take responsibility for the abuse in the relationship, learn how to remove the violence, and be taught the tools to have the necessary self-control.

Being admitted into an approved domestic violence intervention program involves five steps:

• Referral: Most domestic violence offenders will be referred for intervention by the court. There can be a court-ordered pre-trial evaluation

• Selection of a Certified Domestic Violence Intervention (DVI) Provider: Providers must meet standards for staff members and the program’s treatment plan

• Orientation: The offender is introduced to how the program works and what’s expected of them

• Evaluation: Qualified evaluators, supervisors, and facilitators determine what sort of treatment would best suit the offender

• Evaluation Outcome: After the evaluation, the offender will either be assigned to a specific DVI group or recommended for a different type of intervention. If substance abuse is also present, DVI can be delayed

It’s common for offenders to pay for the DVI treatment. This helps to establish responsibility for their actions. Delaware uses a sliding scale based on the ability to pay.

There are four possible discharge outcomes for offenders in DVI treatment:

• Completion: The offender has met all requirements.

• Unsuccessful Completion: The program has ended but the offender’s participation was unsatisfactory. A report is sent to the referring agency and the victim is alerted if safety is a concern.

• Suspension: Often due to the offender becoming violent, missing meetings, displaying criminal contempt, breaking rules, showing up impaired, or otherwise breaking their contract.

• Termination of Intervention: This is done by the DVI provider. They must inform the victim and the referring agency of the termination. The offender must receive a documented contract of the termination.

On any result that’s not a successful completion, pending penalties may take effect.

Delaware Domestic Violence Orders of Protection

Victims of domestic violence have options for their safety provided by the state of Delaware. These orders of protection are called Protection From Abuse Orders (PFA) in Delaware.

There are three types of PFAs common for domestic violence crimes. All require the victim to either fill out a petition at the courthouse or email the completed form to FC_PFA@delaware.gov.

Once a PFA is filed, both the victim and the alleged offender (respondent) will receive an email with information for a case review, which will likely be online. A mediator will meet with each party and attempt to reach an agreement on a PFA. If successful, they will go before the Judicial Officer, who will make sure they understand and agree to the terms. If they do, a Consent Order (CO) is issued.

A Consent Order is neither a finding of abuse nor an admission of guilt. It can’t be used as evidence. It’s an agreement on terms.

If an agreement isn’t reached, a trial date will be set. The parties will present their cases, including witnesses and evidence. The Judicial Officer will determine if abuse occurred and issue a Consent Order if necessary.

Conditions on a PFA/CO vary by the circumstances of each case. Common provisions the offender must abide by include:

• Surrender of firearms

• No contact with the petitioner

• Child support or support for the petitioner

• Temporary custody

• Conditions of visitation

• Payment of expenses

• Counseling/domestic violence intervention programs

• Grant the petitioner possession of pets or companion animals

• Order the respondent to return specified legal documents, such as passport, immigration papers, or social security card

• Any other relief that might help prevent future violence

The petitioner may also be given exclusive use of the home or certain possessions, such as vehicles.

An Emergency (Ex Parte) PFA can be issued if the victim convinces a Judicial Officer that there is an imminent threat of danger. The Emergency PFA can be issued without the respondent present, who will be served by either the Family Court or law enforcement. It lasts for 15 days, but your case review should happen before then.

A Lethal Violence PFA is filed if the petitioner is afraid that the respondent is a danger to themselves or others with a firearm. If it’s a non-emergency PFA there will be a trial

Protection from domestic abuse on the federal level is provided by the Violence Against Women Act (VAWA). It offers a variety of protections, including safe housing.

Delaware offers an Address Confidentiality Program (ACP) through the Address Confidentiality Act. This allows victims to have a legal mailing address that is not where they reside. For information, contact the Delaware Department of Justice.

Delaware Family Law on Domestic Violence: Summary

The table below offers a recap of what you’ve learned along with links to important statutes.

Note: State laws change often 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, consult a Delaware family law attorney to learn how these laws might apply to your unique situation.

Additional Resources

• Restraining Orders & Orders of Protection

• Stopping Domestic Violence

• Delaware Domestic Violence Shelters

• Delaware Coalition Against Domestic Violence

• Filing a Domestic Violence Lawsuit

Dealing With Domestic Violence in Delaware? Speak With an Attorney

When it comes to domestic violence, everyone loses. The toll can be physical, emotional, or financial, and putting your life back together afterward can be a daunting task. If you or any of your family members have suffered from acts of domestic violence, finding both a safe place and help is essential.

At times like these, consulting a Delaware family law attorney might be a good idea. They can make sure you understand the available protections, offer legal advice for your best options, and help you make sure this never happens again.

Domestic violence charges are serious. If you find yourself accused of committing domestic abuse, speaking with a criminal defense attorney is a good first step. They know how to handle criminal offenses in Delaware courts and can offer their legal services.