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How do I Get a Protection from Abuse (PFA) Order in Delaware?

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Recently updated on May 8th, 2024 at 12:35 am

Overview

Protection from abuse order is a kind of restraining order in Delaware for domestic situations. It is governed by the Family court. The formal name and fine print of Protection from Abuse Orders varies from state to state but the basic idea is the same: a judge issues an order to an abuser to stay away from and not contact their victim who the abuser is harassing, abusing, threatening, stalking, or physically hurting.  In other words it's a last legal warning to stay away or else face criminal charges.

If the abuser disobeys the PFA order, then the abuser can be formally charged with committing a crime and can be jailed.Different types of PFA orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.

If a person believes their situation qualifies for PFA order as defined in the Delaware Code, they can apply for one through the Family Court in their county of residence. The process involves filing a set of standard court forms, attending a hearing, and presenting evidence to support the request for the order.

Definition of Domestic Abuse in Delaware

10 Del. C. § 1041(1), (2) “Domestic abuse” is abuse perpetrated against any of the following persons:

  1. A spouse
  2. A person with whom the respondent is having or has had a dating or engagement relationship
  3. A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Delaware Code.
  4. A child of a party or a child who is the subject of an action under the Delaware Code, where the presumption applies that the male parent is the father of the child to be protected.
  5. Any other person related by consanguinity or affinity within the second degree.
  6. A cohabitant or former cohabitant.

The original text is here

Comparison with Criminal Case

If you're a victim of domestic violence in Delaware, there are several legal actions you can take to protect yourself and seek justice. Here are the options simplified with legal codes and sections:

  • File for a Protection From Abuse (PFA) Order:

You can file for a PFA order, also known as a restraining order, to legally require the abuser to stay away from you. In the Delaware Code, The legal language regarding Protection From Abuse (PFA) orders is "A Protection From Abuse (PFA) order issued by the Family Court of the State of Delaware typically includes specific terms and conditions aimed at protecting the petitioner from further abuse or harassment by the respondent. These terms may include directives restraining the respondent from contacting or approaching the petitioner, as well as provisions regarding temporary custody arrangements, financial support, and other necessary measures to ensure the safety and well-being of the petitioner and any affected family members. The order may also outline procedures for enforcement and penalties for violations, in accordance with Delaware law and court procedures."

  • File Criminal Charges:

You can report the abuse to law enforcement and file criminal charges against the abuser.

Legal Code: Various criminal statutes may apply, such as assault, domestic violence offenses, or related charges.

 

  • Request Civil Remedies:

You can seek civil remedies, such as a civil protection order or monetary damages for medical expenses or emotional distress caused by the abuse.

Legal Code: Delaware Code Title 10, Chapter 9, Civil Actions for Damages.

The court considers accusations of abuse leniently, and favors on issuing orders as long as there is some evidence.

Does my situation qualify for Protection from Abuse Order (PFA Order)?

Here's a summary of the different types of PFA orders. There are a few different types of PFA orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of PFA order applies to your situation or is remotely related as that might help you decide whether to apply.

The types are:

Domestic Violence is for situations involving domestic violence which is when a victim has been abused by a romantic partner (spouse, domestic partner, girlfriend/boyfriend) or a family member. For a complete overview of what is domestic violence please review: What is the legal definition of Domestic Violence in Delaware?

 

Civil harassment applies to situations involving repeated irritating behavior, stalking, abuse, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

 

Elder Abuse: A senior citizen (or an adult who cannot function independently) is being abused by a caretaker, neighbor or child.

Gun Violence: Typically, a police officer or sheriff who thinks someone might hurt themselves or someone else with a gun. This can stop that person from buying or owning a gun. It can't order them to stay away from someone.

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

School Violence involves violence, or threat of, against one or more students of a private postsecondary (after high school) school. This type of PFA order may only be granted if the threat of violence is for an act that would likely take place on the school's campus, and is requested by school official.

What if I am Under 18 years of Age?

Even if you're under 18, you can seek a PFA order through the court to keep the abuser away from you. The court may appoint a guardian or allow you to represent yourself, depending on the circumstances.

You can report the abuse to the police or child protective services. Law enforcement and social services can investigate and take action to ensure your safety.

Reach out to domestic violence shelters, hotlines, or organizations that specialize in helping young victims of abuse. These organizations can offer counseling, shelter, and other resources tailored to your needs.

This ensures your voice is heard and your interests are protected throughout the legal process.

Your privacy and confidentiality will be respected throughout legal proceedings.

Courts and agencies handling your case will take measures to ensure your safety and well-being.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn't allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don't sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even my life will me in danger.  I feel little, humiliated and disgusted with myself.

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, "if you mess with me, I'll retaliate," was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael's behavior becomes particularly alarming when he is under the influence of drugs.

 

Is a Protection from Abuse (PFA) order helpful?

The purpose of a PFA order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a PFA order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a PFA order may prohibit the respondent from

  1. Approaching or contacting the petitioner including via text or social media
  2. Staying away from the usual places petitioner is at such as home, work or school
  3. Prohibit stalking, or surveillance of any kind
  4. In situations where they lived together, provide custody or access to
    • Children
    • Pets
    • Important documents
    • Personal items such as clothes, medications, cell phones
    • Cars
  5. Extending the protections to others living with the petitioner

 

Research findings on benefits of Protection from Abuse Orders

Here's the top three findings from a study on domestic violence and PFA orders from the University of New Hampshire

Reduce Violence

Civil protective orders (such as a PFA Order) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the Protection from Abuse Orders hold greater importance.

Process for getting a Protection from Abuse Order

 

Step 1: Gather Evidence

The first step is to gather the evidence to support your case. The following are considered as evidence of domestic violence.

Evidence Type 1: Pending Criminal Case

Judges are also more likely to issue an order if there is an ongoing criminal case, therefore it's important to call such cases out when seeking a temporary Protection from Abuse Order.

When a judge sees that there's a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim's injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

  • The number dialed in case of the domestic hotline
  • The date and time (or approximate date and time) when the call was made
  • Who made the call
  • What was reported on the call
  • Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

Step 2: Get a copy of court forms 

In order to apply for a PFA order, you need to fill and submit a specific set of official Delaware court forms. These have questions aimed at understanding your situation and the people involved.

The complete set of documents is at the Delaware Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and it’s important to uses those versions.

Tip: You can check your local court's website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offer a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the Protection from Abuse Orders paperwork online.

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don't plan to file for a protection order right now, to get

You can then file them online when you've thought through all aspects.  There are special protections for victims, and you're protected even if your immigration status is undocumented in United States.

 

Step 3: File the Court Forms 

Submit your case documents at the court such that the clerk reviews their corrects and accepts them is called filing.

Identify the court at your county

In Delaware, each county has its own court system. To identify the court in a specific county in Delaware, you would need to know the name of the county and then inquire about the Family Court (or other relevant courts) within that county. For example:

  • New Castle County the primary trial court would be the New Castle County Family Court
  • Kent County it would be the Kent County Family Court
  • Sussex County it would be the Sussex County Family Court

Each county's Family Court typically handles legal matters for that particular county.

Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in Delaware.

Correct locations for Courts

In Delaware, Family Courts handle matters related to Protection From Abuse (PFA) orders, domestic violence, child custody, divorce, and other family-related issues. Family Courts are located in each county of Delaware. Here are some locations of Family Courts in different counties of Delaware:

  • New Castle County Family Court:

Address: Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801

  • Kent County Family Court:

Address: Kent County Courthouse, 400 Court Street, Dover, DE 19901

  • Sussex County Family Court:

Address: Sussex County Courthouse, 22 The Circle, Georgetown, DE 19947

These Family Court locations are where individuals can file for PFA orders and handle other family-related legal matters in their respective counties within Delaware.

Methods of Filing

Method # 1: In Person:

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks review it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

 

Method # 2:  Electronically via a portal

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit. You will be required to pay around $5-$10 filing fees.

Method # 3:  Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

 

Step 4: Get a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a PFA order with immediate effect until the hearing, called an Emergency Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 15 days which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

Step 5: Serve the abuser 

If you were successful in getting a temporary order only then this step is necessary, otherwise you will have to wait until you get one.

In the Delaware legal system system, whenever one party initiates a Protection from Abuse Order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent, and is often seen in movies and TV shows as "You've been served".

Under the Delaware law there are multiple ways in which the other party can be served.

 

You cannot serve your papers yourself.

Option 1:  Ask a Cop 

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. You will however need the address of the abuser. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Delaware, prison staff, not the sheriff, will serve your papers. Follow the instructions by the Delawre Department of Corrections and Rehabilitation for serving someone in prison

 

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

  • 18 or over, and
  • not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

 

Option 3: Hire a specialized courier

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example. An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that's a whole different topic altogether.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full Protection from Abuse Order is issued. At this point it becomes a crime for the abuser to break the conditions of the Protection from Abuse Order.

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs

There are no costs associated with a Protection from Abuse Order.

  • FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
  • FREEfiling: There is fees for filing. Online filing platforms may charge a service fees

 

Process Duration

Courts are generally open Monday-Friday and closed on Saturday-Sunday. At the hearing a formal order may be issued.

You can get a temporary protection order the same day as you file. Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

Risks

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Protection from Abuse Order (PFA Order) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser's reaction.

Despite the safeguards intended by a PFA Order, abusers may retaliate through various means, such as:

  1. Physical assault or violence
  2. Harming or taking away children
  3. Damaging jointly owned property
  4. Disregarding the order and persisting with threats, possibly through intermediaries
  5. Inflicting harm or causing harm to pets
  6. Harassing your loved ones for information
  7. Engaging in stalking behavior
  8. Initiating a retaliatory Protection from Abuse Order against you
  9. Spreading false information about you in court documents, online, or publicly

Following the submission of a Protection from Abuse order, it's important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

 

 

 

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