How To Get A Restraining Order In Delaware

A Delaware restraining order, also called a Protection From Abuse (PFA) order, is a civil court directive prohibiting an individual from contacting, harassing, threatening, or approaching another person. Its primary function is to ensure the safety and well-being of individuals who have experienced or are at risk of abuse or violence. These orders are governed by 10 Del. C. Chapter 9, Subchapter III, and can be issued by the Family Court under civil proceedings.

Restraining orders are standard in cases of domestic violence, stalking, sexual assault, or other abusive conduct. They provide victims with protection that may include no-contact provisions, removal of the abuser from a shared home, temporary custody, or support orders. Once granted, restraining orders become part of the Delaware civil court records and may be referenced during future legal proceedings or background checks.

Types Of Restraining Orders in Delaware

The Delaware court system issues several types of restraining orders depending on the relationship between the parties and the alleged conduct:

• Protection From Abuse (PFA) Orders: This is the most widely used form of civil protection. A PFA is available to victims who have experienced physical violence, stalking, threats, or emotional abuse from someone they are related to or have lived with. The law also applies to former spouses, dating partners, or the co-parents of a child. These orders are filed in Family Court and are governed by 10 Del. C. § 1041.
• No-Contact Orders: These are typically issued in criminal court cases. If someone is arrested and charged with a violent or threatening offense, the court may issue a no-contact order that forbids the defendant from communicating with the victim during pretrial release. This type of order is authorized under 11 Del. C. § 2108.
• Sexual Assault Protective Orders: Although not as frequently issued, these orders are available to individuals who have been sexually assaulted by someone with whom they do not share a familial or domestic relationship. A petition can be filed in Family Court, and relief may mirror that of a PFA.

Are Restraining Orders Public Record In Delaware?

Yes. In Delaware, restraining orders are considered part of the public court record. Once granted, they are stored within the state’s civil case management system. These records are accessible to law enforcement, attorneys, and sometimes employers or the general public, depending on the circumstances. Interested parties may access them through the court’s record request system or by visiting the Family Court Clerk’s Office.

That said, Delaware law recognizes the sensitive nature of protection orders. Courts may redact personal information such as a petitioner’s home address, the identity of minors, and any sealed medical documents. If a judge finds that the disclosure of a restraining order would endanger the safety of a petitioner, the file or parts of it may be sealed from public access.

How To Lookup Restraining Orders In Delaware

Members of the public may access restraining order information by visiting the courthouse where the case was filed. The Family Court Clerk’s Office provides access to court files during business hours. Identification may be required, especially if the request involves sensitive or sealed information. Certified copies of court orders can also be requested for legal or personal use.

Can You Lookup A Restraining Order Online?

Yes. Delaware offers limited online access to court case records through CourtConnect portal. Users may search for case details using party names, case numbers, or court locations. However, many documents related to protection orders, particularly affidavits, victim statements, and orders that contain confidential material, are often withheld from online access. Typically, only involved parties and attorneys of record have complete access.

How To File A Restraining Order In Delaware

Filing a restraining order in Delaware follows a structured legal process that begins with the petitioner deciding which type of order is appropriate. For most civil abuse cases, the correct route is to file a Protection From Abuse petition in Family Court under 10 Del. C. § 1041.

The filing process consists of the following steps:

1. Obtain and complete the necessary forms. These can be downloaded from the Family Court forms page or picked up in person at the courthouse. Petitioners must include an affidavit describing in detail the incidents of abuse, threats, or harassment.
2. File the forms at the appropriate Family Court location. Forms must be filed in the same county where the abuse occurred or where the petitioner lives. A list of court locations is available on the Family Court website.
3. Request a temporary protection order if needed. Petitioners in immediate danger may ask for a temporary restraining order (TRO). According to 10 Del. C. § 1043(b), judges may issue temporary orders on the same day the petition is filed.
4. Serve the respondent. The respondent must be served with copies of the petition, temporary order (if granted), and notice of hearing. A sheriff or court officer carries out service. Petitioners are not allowed to serve the documents themselves.
5. Attend the hearing. The final hearing is generally scheduled between 7 and 21 days after filing. The petitioner and respondent may present evidence, including documents, witnesses, or testimony. The judge determines whether to issue a final order.

Can You File A Restraining Order For No Reason In Delaware?

No. Restraining orders in Delaware are not issued arbitrarily. The petitioner must provide “reasonable proof” that abuse has occurred or that there is a credible threat of future harm. This standard is outlined under 10 Del. C. § 1043(a). Before issuing any protective relief, the court must determine that the allegations meet the legal threshold.

What Proof Do You Need For A Restraining Order In Delaware?

To obtain a restraining order, the petitioner must present persuasive evidence to demonstrate abuse, threats, or harassment. Examples of valid proof include:

• Police reports that document abusive incidents
• Medical records showing injuries resulting from the respondent’s conduct
• Text messages, voicemails, or emails containing threats or harassment
• Photographs of physical harm, property damage, or injuries
• Eyewitness statements from family, neighbors, or co-workers
• Prior court orders or criminal charges involving the respondent

The legal standard used by Delaware Family Court is the preponderance of the evidence, as noted in 10 Del. C. § 1045(a). This means the judge must be convinced that it is more likely than not that the abuse occurred.

How Long Does It Take To Get A Restraining Order In Delaware?

In urgent situations, Delaware courts may issue a temporary order immediately after filing the petition. These orders are usually granted ex parte, meaning the respondent is absent when the judge reviews the request. The court considers the affidavit and supporting documents, and if it finds reasonable grounds for concern, it will issue a temporary order that remains in effect until the hearing.

The final hearing is generally held within 7 to 21 days from the initial filing, per 10 Del. C. § 1043(b). This provides a relatively fast timeline for legal intervention, especially in cases involving immediate danger or the risk of recurring violence.

How Long Does A Restraining Order Last In Delaware?

The duration of a Delaware restraining order depends on the type and outcome of the hearing:

• Emergency orders granted ex parte may last five to seven days until a full review is possible.
• Temporary orders typically stay in effect until the full hearing, usually within two to three weeks.
• Final orders issued after a hearing can last up to five years.

Under 10 Del. C. § 1045(e), final orders can be renewed upon request if protection is still needed. Renewal motions must be filed before the current order expires, and the petitioner must appear in court again for review.

How Much Does A Restraining Order Cost in Delaware?

The court filing fee for a restraining order in Delaware is $40, as stated in the Family Court Fee Schedule. However, most cases involving domestic violence or harassment are eligible for a fee waiver. Victims who cannot afford the filing fee may request a waiver using the Application to Proceed In Forma Pauperis.

Additional costs may include:

• Service fees for delivering the order to the respondent
• Certified copy fees for obtaining official court documents

In most violence-related cases, petitioners are not expected to cover these expenses. Delaware courts prioritize access to protection over financial status and often waive costs based on need.

Can You Cancel A Restraining Order In Delaware?

Yes. A restraining order may be cancelled, modified, or withdrawn at either party's request. To start the process, the requesting party must file a motion with the court that issued the order. This motion should explain the reason for the requested change and whether both parties consent.

Once the motion is filed, the court will set a hearing date. Both parties must be notified in advance and allowed to appear. The judge will assess the facts at the hearing and decide whether the circumstances warrant lifting or changing the order. The court has full discretion to approve or deny the request.

For guidance, petitioners may refer to the Family Court PFA Instruction Packet, which provides step-by-step instructions on requesting changes.