Delaware Restraining Order Laws (2026): How to Get a Protection from Abuse Order

In Delaware, a Protection from Abuse Order (PFA Order) is available to qualifying family and household members facing abuse or threats. Courts can issue an emergency ex parte order the same day; a final PFA Order's core no-contact and stay-away provisions can last up to 2 years, while other relief, including firearm relinquishment, custody, visitation, and support, is capped at 1 year unless extended.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Delaware

Delaware maintains two separate civil tracks for protective orders depending on the petitioner's relationship with the respondent.

The first track is the Protection from Abuse Order (PFA Order) under 10 Del. C. Sections 1041 through 1048. This order is designed for family and household members who face physical abuse, threats of abuse, or emotional abuse in a domestic context. Because it requires a qualifying relationship, it is Delaware's domestic-violence civil track. PFA Orders are heard in Delaware Family Court.

The second track is the Sexual Violence Protective Order (SVPO) under 10 Del. C. Chapter 72. The SVPO is the alternative track for victims of sexual violence who do not have a PFA-qualifying relationship with the respondent. Under 10 Del. C. 7202(5), an SVPO petitioner is a victim of non-consensual sexual conduct or non-consensual sexual penetration "who is not a member of a protected class under Section 1041(2)a. or (2)b. of this title." The two tracks therefore do not overlap: if your relationship with the respondent qualifies you for a PFA Order, the PFA track is your route, and the SVPO exists for victims who have no domestic or household connection with the person who harmed them.

The SVPO is also heard in a different court. Under 10 Del. C. 7203(a), an SVPO petition is filed in the Superior Court, not Family Court, and 10 Del. C. 7203(d) assigns the forms and instructions to the Prothonotary of the Superior Court.

Both orders are civil in nature and are independent of any criminal prosecution. Delaware also has criminal no-contact orders issued in the context of criminal proceedings, but this article focuses on the two civil orders that a petitioner can seek directly.

Who can get a restraining order in Delaware?

For a Protection from Abuse Order (PFA Order), Delaware law requires a qualifying relationship between the petitioner and the respondent. The following relationships are covered under 10 Del. C. Section 1041:

• Current spouses, who are covered as "family" under 10 Del. C. 901(12), and former spouses
• Partners who cohabit while holding themselves out as a couple, with or without a child in common. Sharing a home as roommates, without the couple relationship, does not qualify on this basis
• Persons living separate and apart who have a child in common
• Persons in a current or former substantive dating relationship. The statute excludes a casual acquaintanceship and ordinary fraternization in business or social contexts, and points to the length and type of the relationship and how often the parties interact
• Family as defined in 10 Del. C. 901(12), which covers any group of persons related by blood or marriage residing in one home under one head, and separately, where both parties are Delaware residents, an enumerated list of relatives including parents, children, grandparents, grandchildren, siblings, step-relations, and in-laws, whether or not they share a residence

If you do not have one of those relationships with the person who harmed you but you are a victim of sexual violence, you may be eligible for a Sexual Violence Protective Order (SVPO), which is filed in Superior Court. The SVPO is limited to petitioners who are not members of a PFA protected class, so it is the alternative to the PFA track rather than an open-to-anyone option.

If you are unsure which order fits your situation, Delaware Family Court's self-help resources and court staff can point you to the right PFA forms, and the Prothonotary of the Superior Court handles SVPO forms and instructions.

How to file for a restraining order in Delaware

A PFA Order is filed in Delaware Family Court. Delaware has three counties, each with its own Family Court: New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). You file in the county where you live, where the respondent lives, or where the abuse occurred.

An SVPO goes to a different court. Under 10 Del. C. 7203(a), you request a Sexual Violence Protective Order by filing an affidavit or verified petition in the Superior Court in the county where you live, where the respondent lives, or where the non-consensual sexual conduct occurred. Filing an SVPO petition in Family Court will not start the case.

There is no filing fee for a PFA Order in Delaware Family Court. Under the federal Violence Against Women Act (VAWA), courts may not charge the petitioner a filing or service fee for a domestic-violence protective order.

To start the process, you complete a petition describing the abuse or threats. Clerks at Family Court can help you identify the correct forms. Delaware also has certified domestic-violence programs throughout the state, including the Delaware Coalition Against Domestic Violence, whose member programs can provide court accompaniment and help you complete your paperwork. Contact 302-658-2958 or visit dcadv.org for a referral to your county's program.

For emergency situations outside of regular court hours (8:30 a.m. to 4:30 p.m. weekdays), Delaware law allows emergency after-hours orders through law enforcement. Contact your local police department or call 911; an officer can help initiate an emergency ex parte order.

Temporary vs. final orders: how long they last

When you file a PFA petition and a judge finds that immediate danger or abuse exists, the court issues an emergency ex parte order without the respondent present. In Delaware, the emergency ex parte order is effective for up to 15 days. If the hearing is rescheduled for any reason, the temporary order can be extended to up to 30 days.

At the full hearing, both parties have the opportunity to present evidence. If the court finds sufficient grounds, it issues a final PFA Order. Delaware's final order has two duration tiers depending on the type of relief ordered:

Under 10 Del. C. section 1045(b), only the core no-abuse and no-contact provisions of a final PFA Order can last up to 2 years. Every other form of relief the court can order, including firearm relinquishment and provisions addressing custody, visitation, child support, and temporary possession of shared property, is capped at 1 year unless extended.

That 2-year figure is a cap, not a ceiling on the whole case. Section 1045(b) allows the no-contact relief to run for up to 2 years "unless a longer period of time is ordered pursuant to subsection (c) or (f) of this section," and those two subsections work differently. Under 1045(c), either party may move to extend or modify an order, and the court may extend it after finding by a preponderance of the evidence that domestic violence has occurred since the order was entered, that a violation of the order has occurred, that the respondent consents, or for good cause shown. No showing of aggravating circumstances is required for that route.

Subsection 1045(f) is the separate path to a longer or permanent no-contact order at the outset. On a finding that aggravating circumstances exist, the court may grant no-contact relief for as long as reasonably necessary to prevent further acts of abuse, up to and including a permanent order, which can then be modified only on a motion showing good cause. The statute defines aggravating circumstances as physical injury or serious physical injury to the petitioner caused by the respondent, use of a deadly weapon or dangerous instrument against the petitioner, a history of repeated violations of prior protective orders, prior convictions for crimes against the petitioner, exposure of a member of the petitioner's family or household to physical injury, or any other acts of abuse the court believes constitute an immediate and ongoing danger. If your situation involves those factors, document them carefully when you file your petition. Where those factors are present, ask a Delaware family lawyer for a free case evaluation on seeking a longer or permanent no-contact order under subsection 1045(f) (attorney advertising).

Firearms and a Delaware protective order

Delaware Family Court may order the respondent to surrender their firearms to law enforcement or to a licensed firearms dealer when a PFA Order is issued. The respondent is also prohibited from purchasing additional firearms while the order is in effect.

Possessing a firearm while subject to a qualifying Delaware PFA Order is itself a criminal offense under 11 Del. C. Section 1448: a class D felony as a baseline. If the person also has a prior conviction for a violent felony, the offense carries a mandatory minimum sentence and can rise to a class C felony under Section 1448(e). This state-level firearm possession charge is separate from the federal prohibition.

A qualifying final protective order also triggers the federal ban under 18 U.S.C. 922(g)(8). Under that federal law, a person subject to a qualifying final order may not possess, purchase, or transfer any firearm or ammunition for the duration of the order. This federal ban applies regardless of whether the state court separately ordered a firearm surrender.

If you believe the respondent has not surrendered firearms as ordered, contact your local law enforcement agency or notify the court clerk.

What happens if someone violates the order?

Violating a Protection from Abuse Order is a criminal offense in Delaware. Enforcement and arrest authority are set out at 10 Del. C. Section 1046, and the criminal penalties are set out at 11 Del. C. Section 1271A (criminal contempt of a domestic violence protective order). The penalties depend on the circumstances of the violation:

• First violation (no injury, no weapon): Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,300.
• Aggravated violation (victim injured, or deadly weapon used or threatened): Class F felony, with a mandatory minimum sentence of 15 days.
• Repeat offenders: A person with 2 or more prior convictions for violating a protective order also faces the 15-day mandatory minimum on a later violation, regardless of whether that violation caused injury.

Any violation of the order can also constitute contempt of court, which carries its own separate penalties including fines and jail time.

If the respondent violates your order, call 911 immediately. Delaware law enforcement can arrest a respondent on probable cause that a PFA Order was violated, without needing to witness the violation directly. Report every violation, even contact that may seem minor. A documented pattern of violations supports enforcement and can strengthen a future motion to extend or modify the order.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related

For a full 50-state comparison, visit the Restraining Order Laws by State hub. If you are gathering evidence of threatening communications, Delaware's recording law page covers when you may record calls or conversations in the state.

More Delaware Laws

• Delaware Child Custody Laws
• Delaware Divorce Laws
• Delaware GPS Tracking Laws
• Delaware Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Delaware?

File a Protection from Abuse (PFA) petition in Delaware Family Court in New Castle, Kent, or Sussex County. There is no filing fee. Bring documentation of the abuse or threats if you have it. A judge can issue an emergency ex parte order the same day. For after-hours emergencies, contact local law enforcement, who can help initiate an emergency order.

How long does a restraining order last in Delaware?

An emergency ex parte PFA Order lasts up to 15 days (extendable to 30 days if the hearing is rescheduled). Under 10 Del. C. 1045(b), only the no-contact and stay-away provisions of a final PFA Order can last up to 2 years. Firearm relinquishment, along with custody, visitation, support, and temporary property possession, is limited to 1 year unless extended. An order can run longer than 2 years two ways: an extension under 10 Del. C. 1045(c), granted on a finding that domestic violence or a violation occurred since the order was entered, on the respondent consenting, or for good cause shown; or an initial longer or permanent no-contact order under 1045(f), which is the subsection that requires aggravating circumstances.

How much does a restraining order cost in Delaware?

Filing a Protection from Abuse Order in Delaware Family Court is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or service fee to petitioners seeking a domestic-violence protective order.

Can I get a restraining order without a police report?

Yes. A police report is not required to file a PFA petition in Delaware Family Court. You file directly with the court. Supporting documentation such as text messages, medical records, or witness statements can strengthen your petition, but they are not a prerequisite for the court to issue an emergency ex parte order.

Does a restraining order take away gun rights in Delaware?

Yes. Delaware courts may order the respondent to surrender firearms when a PFA Order is issued, and the respondent is prohibited from purchasing additional firearms. Possessing a firearm while under a qualifying PFA Order is a class D felony in Delaware, rising to a class C felony with a mandatory minimum sentence if the person has a prior conviction for a violent felony. A qualifying final order also triggers the federal ban under 18 U.S.C. 922(g)(8).

What happens if the abuser violates the order?

Violating a PFA Order in Delaware is a class A misdemeanor (up to 1 year in jail, fine up to $2,300). If the victim is injured or a deadly weapon is used or threatened, it is a class F felony with a 15-day mandatory minimum. A violation after 2 or more prior convictions for violating a protective order also carries the mandatory minimum. Call 911 immediately and report every violation to police and the court.

What is the difference between a PFA Order and a Sexual Violence Protective Order in Delaware?

A Protection from Abuse Order (PFA Order) under 10 Del. C. Sections 1041-1048 requires a qualifying relationship: current and former spouses, partners who cohabit while holding themselves out as a couple, people living apart with a child in common, current or former substantive dating partners, and family members under 10 Del. C. 901(12). A Sexual Violence Protective Order (SVPO) under 10 Del. C. Chapter 72 is the track for victims of sexual violence who are NOT members of a PFA protected class under 10 Del. C. 1041(2)a. or (2)b. Both are civil orders, but they go to different courts: a PFA Order is filed in Family Court and an SVPO is filed in Superior Court under 10 Del. C. 7203(a).