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Delaware Protective Orders Laws

At first, when it was still happening during daylight hours, all that attention you got from your ex was flattering. But now that your relationship is over, and the calls and visits and texts are coming at night, it's become something different.

Now it’s delved into the realm of scary and dangerous. You want to keep an unwanted follower away from you, but what can you do? If you’ve heard of restraining orders but have been wary of them because you don’t know how they work, this article can give you a brief summary of protective orders laws in Delaware.

Protective Orders Laws

Protective orders are court-ordered documents that require the person named in the order to stay a certain distance away from the person seeking the order. Also known as "restraining orders," protective orders are mostly used to protect abused spouses and exes from their abusers, but may also be used as an attempt to keep stalkers away.

Code Section Tit. 10 § 1041, et seq.
Activity Addressed by Order Enjoin contact; exclude from dwelling; regarding minor children: temporary custody, visitations, support; prohibit use/possession of firearms or disposal of property; award monetary compensation to petitioner; counseling; restrain from committing acts of domestic violence
Duration of Order Ex parte order: maximum 30 days. General order: maximum 1 year unless extended
Penalty for a Violation of Order Class A misdemeanor and imprisonment or fine or both
Who May Apply for Order Member of a protected class on behalf of self and their minor child or an infirm adult
Can Fees Be Waived? -
Order Transmission to Law Enforcement Order entered into Delaware Justice Information system on or before the next business day; copy sent to Delaware law enforcement agency where petitioner resides and/or where abuse received
Civil Liability for Violation of Order Contempt

The curbing of domestic violence is a top priority in Delaware, and survivors of domestic violence (as well as those that feel threatened) have numerous options to protect themselves from further harassment and abuse. Although protection orders are not a perfect deterrent to every harmful scenario, they can provide a victim with some criminal recourse if an abuser violates an order.

Delaware has emergency protection orders, which be put in place in order to give the threatened person more time to request a longer-term order. Also, if you have a valid protection order issued by one state, federal protection order law requires other states to honor and enforce that order.

Delaware Protective Orders Laws: Related Resources

The process of obtaining and enforcing a protective order can seem complex and burdensome. If you would like legal assistance, you can contact a Delaware domestic violence attorney in your area to discuss your case. For more introductory information on this topic, you can also visit FindLaw’s Orders of Protection and Restraining Orders section.

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