Prepare your documents for Protection from Abuse Delaware
This website helps prepare the required forms for Protection from Abuse Delaware.
HOW IT WORKS
1. Take Screening
Start with an online screening tool to find out if a Protection From Abuse (PFA) Order is the right fit for your situation in Delaware.
2. Prepare Documents
Instead of filling out court forms on your own, our system guides you through the process by asking for the required information one topic at a time. The questions are written in plain, easy-to-understand language. Once you finish, your answers are automatically placed into the appropriate Delaware Protection From Abuse (PFA) Order forms wherever they are needed.
3. Consult Advocate (Optional)
You can consult an advocate for guidance when filing a Delaware Protection From Abuse (PFA) Order. An advocate can help review your situation, explain your legal options, assist with safety planning, and answer questions about the court process. While working with an advocate is not required, their support can make the process easier and less overwhelming.
4. File with the Clerk
To begin the process of obtaining a Delaware Protection From Abuse (PFA) Order, you must file a petition with the Clerk of Court. You can generally file in the county where you or the respondent lives, or where the abuse occurred. Filing is free of charge and may be completed in person at the courthouse or electronically where available.
Process
Step 1
You: Gathering Evidence for a Delaware Protection From Abuse (PFA) Order
Gather evidence to support your case, though your own testimony is also evidence and may be enough for the court to issue a protection order.
The following types of evidence may help support a Delaware Protection From Abuse (PFA) Order case:
Evidence Type 1: Pending Criminal Case
If there is an ongoing criminal case related to the abuse, let the court know. A pending criminal case may support your request for a temporary protection order because it shows that law enforcement or prosecutors are investigating or pursuing charges related to the conduct.
Evidence Type 2: Photos of Injuries, Property Damage, or the Scene
Photos can help document physical injuries, damage to property, or the condition of the scene after an incident. Include them with your written description to provide the judge with a clearer understanding of what happened.
Evidence Type 3: Text Messages, Emails, Social Media Posts, or Voicemails
Save or print threatening, abusive, or harassing text messages, emails, social media posts, or voicemails. Courts generally prefer copies that can be attached to your filing and reviewed as evidence.
Evidence Type 4: 911 Calls
If you called 911, include details such as:
- The number called (911)
- The date and time of the call
- Who made the call
- What was reported
- Any identifying details about the dispatcher, if remembered
Evidence Type 5: Medical Records
Provide records showing medical treatment related to the abuse, such as emergency room records, doctor's notes, photographs taken by medical staff, or health portal records.
Evidence Type 6: Police Reports
Attach copies of police reports documenting abuse, threats, assaults, stalking, harassment, or other related conduct involving the respondent.
Evidence Type 7: Witness Statements or Affidavits
Statements from family members, friends, neighbors, coworkers, or other witnesses who saw or heard the abuse can support your case. Witnesses should describe specific incidents and what they personally observed.
Step 2
You: Take Online Screening
Determine whether your situation may qualify for a Delaware Protection From Abuse (PFA) by taking a short online screening. You can begin by entering your ZIP code in the top right corner.
Step 3
You: Create Case Documents - "Packet"
After the screening, this website will guide you through the remaining steps to create your case documents.
For your information: To apply for a Delaware Protection From Abuse (PFA) Order, you must complete and submit the required Delaware court forms. These forms ask about your relationship to the respondent, the incidents of abuse, and the protection you are requesting.
The most important document is the Petition for a Protection From Abuse (PFA) Order. In this petition, you explain what happened and why you need protection. The information you provide helps the judge decide whether to issue a temporary or final protection order.
Step 4
You: File with the Court - How to File a Delaware Protection From Abuse (PFA) Order
Delaware allows you to file a Petition for a Protection From Abuse (PFA) Order with the Family Court. You may file in the county where you live, where the respondent lives, or where the abuse occurred.
To formally request court protection, you must complete and submit your petition to the Clerk of Court. This step is known as filing.
Filing options in Delaware:
In person: File your petition with the Clerk of Court at the Family Court in the appropriate county.
Electronically (E-Filing): Electronic filing options may be available through Delaware’s court filing system. Check with the local Family Court to confirm availability and requirements.
Protection From Abuse (PFA) cases are handled by the Family Court. After your petition is accepted, the court will assign a case number, which is used to track your case throughout the court process.
Step 5
Judge Issues a Temporary Protection From Abuse (PFA) Order
Based on the information and evidence you provide, a judge in Delaware may issue a Temporary Protection From Abuse (PFA) Order shortly after you file your petition. This temporary order is intended to provide immediate protection until a full court hearing can be held.
If the judge determines that additional review is needed or that the evidence does not support immediate relief, the court may wait until the hearing to decide whether to issue a protection order.
A judge may deny a request for a temporary PFA Order if:
- There are no legal grounds for a Protection From Abuse (PFA) Order.
- The petition is incomplete.
- The court lacks jurisdiction over the case.
Even if a temporary order is denied, the court may still schedule a hearing where both you and the respondent can present evidence and testimony. After the hearing, the judge will decide whether to issue a final Protection From Abuse (PFA) Order.
Step 6
Law Enforcement Serves the Temporary Protection From Abuse (PFA) Order on the Respondent
Once a judge issues a Temporary Protection From Abuse (PFA) Order, it must be officially served on the respondent before it becomes legally enforceable. Until the respondent has been served with the order, law enforcement generally cannot enforce its terms.
After the respondent is served, violating the order, such as contacting you, coming to your home, workplace, or school, or engaging in other prohibited conduct, may result in arrest and other legal consequences.
Step 7
You, Respondent: Attend Court Hearing
After a Temporary Protection From Abuse (PFA) Order is issued and served, the court will schedule a hearing. At the hearing, both you (the petitioner) and the respondent have the opportunity to attend, present evidence, call witnesses, and testify.
The judge will consider:
- Evidence presented by both parties
- Witness testimony
- Any additional incidents or relevant information since the petition was filed
If the judge finds that abuse occurred and that a protection order is warranted, the court may issue a Final Protection From Abuse (PFA) Order.
The final order may:
- Remain in effect for the period ordered by the court, as permitted under Delaware law, and
- Include protections the judge determines are appropriate based on the facts of the case.
If you (the petitioner) do not attend the hearing, your case may be dismissed. If the respondent does not attend after being properly served, the judge may proceed with the hearing and issue a final protection order based on the evidence presented.
Step 8
You: Collect the Final Protection From Abuse (PFA) Order
If the judge issues a Final Protection From Abuse (PFA) Order after the hearing, you will receive an official, signed copy of the order. Be sure to obtain a copy from the Clerk of Court before leaving the courthouse.
The order will explain:
- The protections granted to you
- The restrictions and requirements imposed on the respondent
- How long the order remains in effect
Keep a copy of the order in a safe but accessible place. You may need to provide it to law enforcement, your employer, your child's school, or other organizations to help enforce the order and support your safety.
FAQs
Court Forms Created This website guides you through all the topics required to complete your Protection from Abuse documents and file your case.
Core Forms
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Petition for Order
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Information Sheet
- Proof Of Transfer Of Firearms
- Affidavit For Emergency Ex Parte Order
- Affidavit For Emergency Hearing
- Custody Separate Statement
- Affidavit For Unknown Address