A Protection From Abuse Order
10 Del. C. § 1045 — a Family Court order for up to 1 year, or 2 for no contact, with an emergency hearing the same day
- An emergency hearing without the other side is held the same day the petition is filed, or the next day the Court is in session.
- After an emergency order, a full hearing is held within 15 days.
- A petition without an emergency is set for a hearing within 30 days.
The Court may order the respondent to stop the abuse and stay away, give the petitioner the home whatever name is on the lease or deed, grant temporary custody and support, pay for losses the abuse caused, give up firearms, return documents like a passport, and leave a companion animal with the petitioner.
How long it lasts. Relief lasts a fixed period of up to 1 year, and orders against abuse and contact may run up to 2 years. Either side may move to extend or change it, with a hearing within 30 days.
Domestic violence advocates at the Family Court can help with the petition. A particular situation is a question for a licensed Delaware attorney.
Sources for this section (3)
- 10 Del. C. § 1043 — Ex parte orders and emergency hearings
- 10 Del. C. § 1044 — Nonemergency hearings
- 10 Del. C. § 1045 — Relief available; duration of orders, modification, and termination
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.