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Police Response and Domestic Violence Charges in Delaware

How Delaware police and courts generally respond when domestic violence is reported.

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LEGAL INFORMATION

Delaware Police Response to Domestic Violence

This page gives general information about how police in Delaware often respond to domestic violence situations. It is not legal advice and may not match every situation. Laws, procedures, and local practices can change, and different officers or courts may handle things in different ways.

When Someone Calls Police About Domestic Violence in Delaware

When Delaware police receive a domestic violence–related call, they usually:

Come to the location of the incident, if it seems safe to do so
Separate the people involved, if possible, to hear different versions of what happened
Check for injuries and may call emergency medical services
Look for signs of a struggle (damaged items, marks, torn clothing, etc.)
Ask about any history of violence or previous calls
Ask whether there are weapons in the home
Run basic checks for outstanding warrants or existing protection orders

Officers are generally trained to treat domestic violence as a serious safety issue. They often try to identify the “primary aggressor” rather than simply arresting everyone involved, but practice can vary.

If calling from a shared phone or device is not safe, consider using a safer device if available, like a public computer or a trusted person’s phone, and clear call logs or browser history only if doing so will not create more risk.

When Delaware Police May Make an Arrest

Delaware law has specific rules around arrest in domestic violence situations. In general terms only:

Police may make an arrest if they have probable cause to believe a crime related to domestic violence has happened, even if they did not see it occur.
Probable cause may be based on statements, visible injuries, witness accounts, damaged property, or other evidence.
Some offenses connected to domestic violence are treated as more serious, which can affect how likely an arrest is.
Officers may focus on identifying a main or primary aggressor rather than making a dual arrest of both people.

Officers do not decide guilt or innocence. Their role is to respond to immediate safety concerns and, when appropriate, start the criminal process through an arrest or report.

Arrest decisions are fact-specific and depend on officer judgment, available evidence, and current Delaware law and policy. For advice about a specific situation, speaking with a lawyer licensed in Delaware is usually recommended.

Police Report vs. Criminal Charges

Many people understandably mix up a “police report” with “charges.” They are related but different steps.

Police Report

Created by the responding officer after a call or incident.
Describes what officers observed, what people said, injuries, and any physical evidence.
May list possible offenses the officer believes occurred.
Can be made even if no one is arrested at the scene.

Criminal Charges

Are formal accusations that someone committed a crime.
Can be filed after an arrest or, in some situations, through a summons or warrant.
Involve a prosecutor (such as the Delaware Department of Justice) reviewing the case and deciding what charges to pursue, change, or drop.
Start the court case, where the accused person has the right to defend against the charges.

A survivor does not “press charges” in a technical legal sense in Delaware. A survivor’s statement matters, but prosecutors decide whether criminal charges move forward.

After an Arrest: First Court Steps in Delaware

The exact process can vary by county and by the level of the charges, but often includes these stages:

Booking

The arrested person is taken to a police station or detention facility.
Officers record identifying information, take fingerprints and photos, and log property.
Police may reach out to an on-call judge or magistrate if immediate decisions are needed.

Arraignment

Usually happens relatively soon after arrest.
The accused person is told what charges are being filed.
The court explains basic rights, such as the right to an attorney.
A plea (such as “not guilty”) may be entered at this stage, depending on the court and the type of offense.

Bail, Release Conditions, and No-Contact Orders

During or shortly after arraignment, the court generally considers:

Whether the person will be held or released while the case continues.
The amount and type of bail, if any.
Conditions of release meant to address safety and court-appearance concerns.

In domestic violence–related cases, courts often put no-contact conditions in place. These may include:

No contact with the survivor in person, by phone, text, social media, or through third parties (except possibly through lawyers or the court)
Staying away from the survivor’s home, workplace, or other listed locations
Not possessing firearms or certain weapons, depending on the case and current law

No-contact conditions made in criminal court are separate from civil protection orders. Violating either may have serious consequences for the accused person, but survivors’ safety planning needs may change over time and are personal to each situation.

Accessing Information About a Delaware Criminal Case

Survivors often want to know what is happening in a criminal case after an arrest. Options may include:

Victim services units: Many Delaware police departments and the Delaware Department of Justice have victim or witness services. They may provide case updates, explain court dates, and share information about protective conditions.
Court information: Court clerks may be able to confirm upcoming dates, case numbers, and general status. Access to detailed records can vary by case type, privacy rules, and the survivor’s role in the case.
Prosecutor’s office: In some cases, survivors can speak with a victim-witness coordinator or prosecutor’s staff who can explain general next steps, though they represent the state, not the survivor personally.
Written no-contact terms: Copies of no-contact conditions may be available from the court or from victim services, which can help clarify what the court has ordered.

Some survivors also look for broader information about domestic violence supports. National and regional resource listings, such as those available through https://www.dv.support, can be a starting point to learn more about options across the U.S.

How Criminal Cases and Protection From Abuse (PFA) Orders Overlap

In Delaware, domestic violence situations can involve both criminal court and civil protection orders.

Criminal Case

Handled by criminal courts.
Started by the state based on police reports and charges.
Can result in penalties such as probation, fines, or jail time if there is a conviction.
May include criminal no-contact conditions as part of bail, probation, or sentencing.

Protection From Abuse (PFA) Orders

Are civil court orders; the person experiencing harm usually files a petition with the court.
Do not require criminal charges to exist.
Can order the other person not to contact or come near the survivor, leave a shared home, or follow other terms laid out by the court.
Violation of a PFA can itself have criminal consequences, even if the original behavior did not lead to a new criminal charge.

A person might have both a criminal no-contact order and a PFA at the same time. The specific terms might not be identical, and both sets of conditions can matter.

If different court orders seem confusing or appear to conflict, legal advice from a Delaware attorney or legal aid organization can help clarify what each order requires.

How Criminal Cases, PFAs, and Family Court Issues Can Interact

Domestic violence situations can connect with family court in several ways in Delaware.

Custody and parenting time: Family courts may consider domestic violence when making decisions about custody, visitation, and decision-making responsibility for children. Police records, criminal cases, and PFAs can be part of what the court reviews.
Housing and living arrangements: A PFA or criminal no-contact order can require a person to leave a shared residence. This can affect later family court decisions about who lives where, at least in the short term.
Communication about children: If there is a no-contact order but the people share children, the court may create or adjust parenting plans, including supervised exchanges or designated third-party communication tools, to reduce direct contact.
Overlapping court dates: A person may have multiple court matters happening at once—criminal hearings, PFA hearings, and family court conferences. Information shared in one case can sometimes be referenced in another, depending on rules of evidence and confidentiality.

Because of these overlaps, many survivors find it helpful to:

Keep copies of any court orders and key documents in a safer location when possible.
Write down case numbers, dates, and which court is handling which matter.
Ask court staff or advocates to explain which hearing is for which issue (criminal, PFA, custody, etc.).

Important Reminders

Procedures in Delaware can differ by county, by judge, and over time as laws or policies change.
Police, prosecutors, and courts have their own responsibilities; they do not serve as personal lawyers or advisors.
For guidance tailored to a specific situation, speaking with a Delaware attorney or a qualified legal aid program is usually necessary.

This information is meant to help with general understanding of how Delaware police and courts often approach domestic violence–related cases. It is not legal advice, does not create a lawyer–client relationship, and may not cover every option or outcome.