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A Lethal Violence Order

10 Del. C. § 7704 — family or police can ask a court to take firearms from someone who is a danger, for up to 5 years

A family member of the respondent, or a police officer, may petition for an order requiring a person who is a danger of causing physical injury to self or others to give up firearms and ammunition and not obtain more.

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  • An officer may seek an emergency order from the Justice of the Peace Court, which hears it within 24 hours, and the Superior Court then holds a full hearing within 15 days.
  • Otherwise the petition goes to the Superior Court, which holds any requested hearing within 15 days.
  • The petitioner proves the danger by clear and convincing evidence.
  • An order lasts a fixed period of up to 5 years.

The respondent may request 1 hearing a year to end the order. The petitioner may ask to renew it within 3 months before it expires, for up to 1 year at a time.

A particular situation is a question for a licensed Delaware attorney.

Sources for this section (4)
  1. 10 Del. C. § 7701 — Definitions
  2. 10 Del. C. § 7703 — Emergency hearings
  3. 10 Del. C. § 7704 — Nonemergency hearings
  4. 10 Del. C. § 7705 — Termination and renewal

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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