Delaware Protective Orders Laws

Delaware protective orders are legal instruments designed to safeguard individuals from various forms of violence or abuse. There are three types: Protection From Abuse Orders (PFAs) for domestic violence victims, Sexual Violence Protective Orders (SVPOs) for non-family sexual violence victims, and Lethal Violence Protective Orders (LVPOs) to prevent firearm-related harm. Each order has specific provisions, durations, and filing procedures tailored to the type of threat, ensuring comprehensive protection under Delaware law.

The state of Delaware offers several different types of court orders of protection.

If you need protection, it’s important to make sure you get the correct protective order for your situation. It’s also vital to understand these orders if you are facing a court order for protection. This guide will examine the three types of restraining orders available in Delaware, explain how someone can get one, and show you how they work. Continue reading for a better understanding of protective orders in Delaware.

Delaware Protective Orders Laws: Available Orders

There are three different types of protective orders available in Delaware: Protection From Abuse Orders (PFAs), Sexual Violence Protective Orders (SVPOs), and Lethal Violence Protective Orders (LVPOs). While they are all designed to keep victims safe, they differ in the people involved and the crimes addressed. Orders consist of provisions that focus on telling the respondent (abuser) what they can and can’t do with regard to the petitioner (victim). Let’s take a look at each one and show you how to get the order you require.

Delaware Orders of Protection From Abuse (PFA)

A Delaware Protection From Abuse Order (PFA) is designed to help victims of domestic violence. Domestic violence crimes are specific abusive acts that occur between people sharing personal relationships. Both elements are required for a crime to be domestic violence.

There can never be a domestic abuse offense between strangers. People in the following relationships are eligible for domestic violence qualification:

• Spouses
• Former spouses
• Family by consanguinity (blood relatives)
• Family by marriage (in-laws)
• People cohabitating as a couple
• People with a child in common
• People in a substantive dating relationship
• People who were in a substantive dating relationship

Rather than list specific criminal acts, Delaware uses categories of abusive crimes that are eligible for domestic violence classification. Domestic violence happens when people listed above have one of the following happen between them:

• Causing a physical injury or a sexual offense with intent or through reckless behavior
• Attempting to cause a physical injury or a sexual offense with intent or through reckless behavior
• Causing fear of a physical injury or a sexual offense with intent or through reckless behavior
• Attempting to cause fear of a physical injury or a sexual offense with intent or through reckless behavior
• Taking, damaging, or destroying legal documents or other property
• Injuring a companion animal or service animal
• Causing fear or emotional distress through alarming or distressing behavior
• Trespassing or trespassing to violate a PFA order
• Child abuse
• Unlawful imprisonment
• Kidnapping
• Interference with child custody
• Coercion
• Forcing financial dependence
• Withholding resources

To apply for a PFA, petitioners file a Protection From Abuse Petition and an Information Sheet in Family Court. This is done either in person or by email at FC_PFA@delaware.gov. If you’re in immediate danger, you can request an emergency ex parte PFA. You’ll have a hearing before the end of the next business day. If approved, the order goes into effect when the respondent is served.

An emergency order lasts for 15 days or until the court hearing. The provisions in a PFA are tailored to the needs of each case. The following terms are commonly included:

• No further abuse by the respondent (abuser)
• No threats of further abuse by the respondent
• No contact from the respondent
• The respondent must stay away from the petitioner’s residence, workplace, school, daycare, or any other listed location
• The respondent must pay temporary child support and/or spousal support
• Mandatory attendance at a Delaware domestic violence intervention program
• No destruction, concealing, or selling of shared property
• Must return all legal documents (passport, driver’s license, etc.)
• Respondent must surrender all firearms and ammunition
• The petitioner is awarded sole possession of a shared residence
• The petitioner is awarded temporary custody of a minor child
• The respondent is supervised during parenting time

The order can contain some, all, or none of the above provisions.

Once the respondent is served, the court will set a case review with a mediator for the consent process. This is either in person or virtual. If both sides agree to terms, a PFA Consent Order (CO) is issued. A CO is not an admission of guilt and isn’t admissible as evidence in court.

If the sides can’t agree, there is a trial in front of a Judicial Officer. Each person can tell their version of what happened, present evidence, and call witnesses. Doctor’s notes and police reports often require the person to be in court. If the petitioner proves the respondent is guilty of domestic violence and the threat is ongoing, the judicial officer will issue an Order of Protection From Abuse (PFA).

A PFA is admissible as evidence in further court actions. The duration of the PFA depends on the provisions. It’s often between one and two years. For example, non-contact provisions last up to two years, but custody and support conditions last up to one year.

The permanent order can be renewed if the petitioner proves the threat still exists. All Delaware PFAs/COs are enforced everywhere in the U.S. under federal law. For more information about domestic violence, visit FindLaw’s Delaware Domestic Violence Laws article.

Delaware Sexual Violence Protective Orders (SVPO)

For a survivor of sexual violence whose assailant is not a family member, Delaware offers protection through a Sexual Violence Protection Order (SVPO). If the offender is a family or household member, you’d file for a PFA instead.

Delaware defines sexual violence as any non-consensual sexual contact or non-consensual sexual penetration. SVPOs usually have the following provisions:

• The respondent (assaulter) cannot have any contact with the petitioner (victim) in person or through any media
• The respondent cannot visit the petitioner’s residence, workplace, school, or other specified locations
• The respondent must stay a specified distance from the petitioner at all times
• The respondent must surrender all firearms and ammunition
• The respondent must undergo assessments as ordered by the Sexual Offender Management Board

The court can include any provision necessary to ensure the victim’s safety. Victims can apply for an emergency SVPO in Superior Court or in a court with a commissioner if they’ve been sexually assaulted and threatened with further abuse by the assaulter, and the assaulter remains a threat. The court will schedule an ex parte hearing within 72 hours of the filing.

An emergency SVPO lasts for 15 days after the respondent is served or until the case hearing. The temporary order extends to a maximum of 45 days after filing if law enforcement has issues serving the order. For nonemergency SVPOs, petitioners file in Superior Court. A case hearing is set within 30 days. If the respondent doesn’t oppose the order or doesn’t show up at the court hearing, the court will likely issue the SVPO.

A nonemergency SVPO lasts up to three years and is renewable. Renewal requires a hearing in which the petitioner must prove the threat remains. Renewals last for three years. Under federal law, all Delaware SVPOs are in effect anywhere on American soil.

Delaware Lethal Violence Protective Orders (LVPO)

Lethal Violence Protective Orders (LVPO) are designed to prevent someone from hurting themselves or others with firearms. Under an LVPO, the respondent must surrender all firearms and not possess any for the length of the order.

Family members, cohabitating partners, former spouses, individuals in a dating relationship, custodians, or people who have a child in common can file for a non-emergency LVPO in either Superior Court or Justice of the Peace Court. A police officer can file for an emergency LVPO.

An emergency LVPO lasts for 15 days or until the case hearing. If law enforcement has difficulty serving the order, it extends up to 45 days. A court hearing should be scheduled within 15 days of service. At the proceeding, the petitioner or law enforcement has the burden to prove that the respondent is a threat.

If the court agrees the threat is real, the respondent is banned from possessing any firearm for the duration of the LVPO. The maximum duration is up to one year. The respondent can ask for an administrative review of the decision or make one request to terminate the order.

Delaware Protective Orders Laws: Penalties for Violations

Protective orders don’t work if the abuser doesn’t believe the victim will report violations. If your abuser violates a protective order, call law enforcement. If your abuser threatens to violate a protective order, call law enforcement. Police can arrest a violator with probable cause of order violation.

All protective orders in Delaware share the same penalty structure. In addition to any sentences for the crimes committed during the violation, the following penalties apply:

• First or second violation of an order (Class A misdemeanor): A fine of up to $2,300 and up to one year in jail
• Any violation after the second OR any violation involving a physical injury or the use /threatened use of a deadly weapon (Class F felony): A fine set by the court and between 15 days to three years in Level V prison

Delaware enforces "foreign orders" as well. These are protective orders from out-of-state, covered under the Violence Against Women Act (VAWA).

Delaware Protective Orders Laws: A Review

As you can see, protective orders in Delaware are complex. The table below recaps what you’ve learned and adds links to important Delaware codes.

Delaware Protective Orders Laws: Additional Resources

• Delaware Family Court Service Providers
• Delaware Criminal Justice Information System (DELJIS)
• Delaware Domestic Violence Laws
• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Delaware Victims’ Rights Resources

Questions About Protective Orders Under Delaware Law? Meet With an Attorney

If you’re a victim of acts of domestic violence or other abusive crimes, help is available. If you have questions about protection orders or escaping a toxic relationship, contact a Delaware domestic violence attorney.

If you’re facing criminal charges for violating a protective order in Delaware, it’s a great idea to speak with a criminal defense attorney. They can take confusing legal information and help you understand your situation.