Domestic Violence and Delaware Family Court
How Delaware family courts may factor domestic violence into custody and visitation decisions.
How Domestic Violence Can Affect Delaware Family Court Cases
Delaware Family Court’s Role
In Delaware, Family Court handles many issues that can be affected by domestic violence, including:
- Parental responsibilities and child custody
- Parenting time or visitation schedules
- Protection From Abuse (PFA) orders
- Child support and some related family matters
When there are concerns about abuse or safety, the court may look closely at those issues when making decisions about where a child lives and how parents share time and communication.
The information here is general and does not replace advice from a lawyer licensed in Delaware. Court practices can change and can depend on the specifics of a case.
How Domestic Violence Concerns Come Before the Court
Domestic violence can be raised in Delaware Family Court in several ways, for example:
- Through an application for a Protection From Abuse (PFA) order
- In a custody or visitation case, where one person files papers describing abuse
- Through evidence of criminal charges or convictions related to violence, threats, or harassment
- Through reports from child protection authorities, where applicable
People can usually share information with the court through written statements, testimony at hearings, and documents such as police reports or medical records, when available and allowed by the rules of evidence.
If sharing details of abuse feels unsafe, it may be helpful to talk with a lawyer or trusted legal clinic about safer ways to present information to the court.
Protection From Abuse (PFA) Orders
A Protection From Abuse order is a civil court order that can place limits on contact between people when there are concerns about abuse. In Delaware, Family Court can issue PFAs that may include conditions such as:
- No contact or limited contact between the parties
- Temporary custody or visitation arrangements
- Orders to stay away from a home, workplace, or school
A PFA can be temporary (issued quickly to address urgent safety concerns) or longer-term after a full hearing where both sides may have the chance to speak and present evidence, depending on the circumstances.
PFAs and Custody or Visitation
When a PFA is in place, the court may consider its terms when deciding custody and visitation. For example, the order might:
- Set out specific rules for communication about the children
- Require exchanges of children at neutral locations
- Include conditions that limit direct contact between the adults
These conditions can interact with custody and visitation decisions, and the court may review or adjust them over time, especially if safety concerns change.
How the Court Considers Allegations of Domestic Violence
Delaware Family Court typically focuses on child safety and well-being. When domestic violence is raised, the court might look at issues such as:
- Whether there have been past incidents of violence, threats, or harassment
- Any patterns of controlling behaviour that could affect a child’s safety or stability
- Whether a child has seen or heard abuse, or been directly harmed
- How each parent responds to safety concerns and supports the child’s needs
The court may also consider the type of evidence available, including testimony, documents, and any prior court findings.
Courts generally weigh many factors together. A single incident or document may not decide the outcome on its own.
Child Safety and the “Best Interests” Standard
Delaware courts usually use a “best interests of the child” standard when making custody and visitation decisions. In clear, everyday terms, this means the court looks at what arrangements seem most likely to support the child’s safety, stability, and overall well-being.
Factors that may be considered can include:
- The child’s physical safety and emotional security
- The child’s relationship with each parent or caregiver
- Any history of domestic violence, abuse, or neglect
- Each parent’s ability to meet the child’s daily needs
- The child’s routine, schooling, and community connections
When domestic violence is a concern, the court may focus closely on how to reduce risk of harm, including emotional harm from ongoing conflict or exposure to abusive behaviour.
Use of PFA Orders and Criminal Records in Family Court
Past and current legal issues can sometimes be part of a family case. The court may consider, as allowed by the rules:
- Existing or past PFA orders between the parties
- PFA findings after a full hearing, where the court made specific conclusions
- Criminal charges or convictions related to violence, threats, stalking, or harassment
- Conditions of bail, probation, or parole that affect contact with a child or co-parent
The weight given to these records can depend on factors such as how recent they are, how serious the conduct was, and whether there is evidence of change over time.
Having a criminal record or a past PFA does not automatically decide custody or visitation outcomes. Courts usually look at the whole picture, including current safety and behaviour.
Possible Safety-Focused Parenting Arrangements
When the court believes there is a safety concern but also wants to support a child’s relationship with a parent, it may consider special arrangements, for example:
- Supervised visitation: Visits take place with a neutral person or at a supervised visitation centre, when available, to help reduce risk and monitor interactions.
- Limited or structured contact: Visits may be shorter, less frequent, or follow specific rules about timing, location, and activities.
- Safe exchange locations: The court may direct that pick-up and drop-off happen at a public place or through a third party, to limit contact between adults.
- Communication boundaries: Contact between parents may be limited to certain methods (such as email or parenting apps), focusing only on the child.
These arrangements can sometimes be temporary while the court monitors safety concerns, or longer-term if risks remain.
Speaking With a Delaware Family Law Attorney
Domestic violence issues in Family Court can be complex, and outcomes can be hard to predict. A lawyer who practises family law in Delaware can:
- Explain how Delaware laws and court rules may apply to a specific situation
- Help organize information and documents related to safety concerns
- Discuss options for custody, visitation, and PFAs with safety in mind
- Provide guidance on how to present concerns to the court within legal procedures
Some people may be able to connect with legal aid organizations or low-cost legal clinics, depending on eligibility and availability in their area.
If it feels unsafe to search for help on a shared device, consider using a trusted person’s device or a public computer, and clear your browsing history where safe to do so.
Additional Support and Safety Planning
Legal steps are only one part of safety. Community-based services such as shelters, advocacy programs, and helplines can sometimes offer safety planning, information, or referrals. Additional support options across the United States can be found through resources listed at DV.Support.
Reaching out does not create any obligation to leave a relationship or take court action. It is usually about learning options and deciding what feels safest in the moment.