How to Get a Protection From Abuse Order in Delaware
A survivor-first explanation of Delaware’s Protection From Abuse process.
Understanding Protection From Abuse (PFA) Orders in Delaware
What a PFA Order Is in Delaware
A Protection From Abuse (PFA) order in Delaware is a civil court order that can place safety-focused rules on a person who has been abusive, threatening, or violent toward you or a family or household member. It can set clear limits on contact and behaviour, and can sometimes address living arrangements, children, and certain financial issues.
A PFA is separate from criminal charges. It focuses on safety and boundaries, not on punishing the other person. You do not need to have criminal charges for the court to consider a PFA request.
Who May Qualify to Apply
Delaware law sets out which relationships can qualify for a PFA. In general, the person you are asking for protection from (the “respondent”) usually must be someone such as:
- A current or former spouse or partner
- Someone you live with or used to live with
- Someone you have a child with
- A person you are or were dating or in an intimate relationship with
- A family member related by blood, adoption, or marriage
In some situations, a parent or guardian may be able to file on behalf of a child or a person who cannot file on their own. The exact rules can depend on your situation and current Delaware law.
Because eligibility rules can change and may be interpreted differently by different courts, it can help to speak with a local domestic violence advocate or legal aid program in Delaware to see whether your relationship may qualify.
Where to File and Who Can Help With Forms
In Delaware, PFA cases are usually handled by the state’s Family Court. Many people file in the county where they live or where the abuse happened. Court staff can generally explain the process and provide blank forms, but they cannot give legal advice or tell you what to choose.
People who may help you understand or complete PFA paperwork include:
- Domestic violence advocacy organizations in Delaware
- Legal aid or community legal clinics
- Some community organizations and shelters that assist with safety planning and forms
Some advocates can sit with you while you complete forms, help you describe incidents in simple language, and may be able to go with you to court for emotional and practical support.
Additional support options and referrals across the United States, including Delaware, can be found through resources listed at https://www.dv.support. Local services there may help you locate Delaware-specific legal and advocacy assistance.
The PFA Process in Delaware
Emergency or Ex Parte PFAs
If the court believes there is an immediate safety concern, a judge may issue an emergency or “ex parte” PFA order. “Ex parte” usually means the judge can make a short-term order based only on what you present, without the other person being there yet.
Emergency or ex parte PFAs are usually temporary. They are intended to provide short-term protection until a full hearing can be held where both sides have a chance to speak.
Serving the Respondent
For a full PFA case to move ahead, the respondent must be officially notified (“served”) with the court papers. In Delaware, this is often done by law enforcement or other authorized servers, not by you personally.
The papers usually include the petition, any temporary order, and notice of the hearing date. If the respondent is not served in time, the court may reschedule the hearing or take other steps. Court staff or an advocate can often explain what to expect in your area.
The Full PFA Hearing
At the full PFA hearing, you and the respondent each have an opportunity to speak, present information, and bring witnesses or documents, if the judge allows it. You may choose to attend with an advocate or a lawyer, but you are not required to have one to ask for a PFA.
After listening to both sides and reviewing the information, the judge decides whether to issue a longer-term PFA order and what protections it will include. If the respondent does not appear but was properly served, the judge may still be able to hold the hearing and make a decision.
If you are worried about seeing the respondent at court, you can ask court staff or a local advocate whether there are options such as separate waiting areas or remote participation, depending on current court practices.
Types of Protections That May Be Available
The protections in a Delaware PFA order can vary based on the situation and what the judge finds necessary. Possible terms may include:
- Stay-away provisions: Ordering the respondent not to contact you and to stay a certain distance away from you, your home, work, school, or other important places.
- No-contact rules: Limiting or stopping phone calls, texts, messages through others, or contact through social media.
- Move-out orders: Requiring the respondent to move out of a shared home, at least for the time the order is in place.
- Temporary child-related orders: Addressing temporary custody, parenting time, or conditions around children’s exchanges to reduce conflict or risk.
- Financial-related orders: In some situations, the court may make temporary decisions about use of a vehicle, payment of certain bills, or support, especially where this affects safety and stability.
These options are not guaranteed. The judge decides what is appropriate in each case, and available protections can change over time with updates to Delaware law or court practice.
If there are specific things you are worried about—such as shared housing, pets, access to a vehicle, or children’s exchanges—consider telling the judge or an advocate so they know what protections may matter most for your safety.
How Long a PFA May Last
In Delaware, temporary emergency or ex parte PFAs usually last only until the next scheduled court hearing. If the judge grants a longer-term PFA after the hearing, that order can often last for a set period of time, which may be months or sometimes years, depending on the law and the judge’s decision.
In some situations, a person may be able to ask the court to extend, change, or end a PFA order before it expires. The process and timelines for that can vary and may require filing additional paperwork and returning to court.
Checking Current Delaware Resources
Procedures, forms, and available protections can change. Courts may also update how they handle remote hearings, safety accommodations, and service of paperwork. Because of this, it is important to check current Delaware resources, such as:
- The Delaware Family Court website for the latest forms and instructions
- Local Delaware domestic violence organizations for up-to-date guidance on PFAs
- Legal aid programs in Delaware for information about your options and possible legal help
This information is for general safety understanding only and is not legal advice. For details about your situation, consider speaking with a qualified legal professional or a local advocate familiar with Delaware PFA procedures.