Breaking a Protective Order
11 Del. C. § 1271A — a class A misdemeanor, a class F felony with injury or a weapon, and arrest on probable cause
Knowingly violating any provision of a protective order from the Family Court, another state's court, or a lethal violence or sexual violence order, is criminal contempt, a class A misdemeanor.
- It is a class F felony where the contempt caused physical injury, or involved the use or threatened use of a deadly weapon or firearm.
- The sentence is at least 15 days of incarceration in those cases, or after 2 or more prior convictions for it.
Arrest. An officer shall arrest, with or without a warrant, anyone the officer has probable cause to believe violated a protective order the person knew about, and the person is taken immediately before the Family Court or a justice of the peace.
A particular charge is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 1271A — Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony
- 10 Del. C. § 1046 — Enforcement; sanctions for violation of order
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.