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 protective provisions (no-contact, stay-away, firearms) can last up to 2 years, while ancillary provisions (custody, visitation, support) are limited to 1 year.

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 available to any victim of sexual violence regardless of whether they have any relationship with the respondent. This track exists to protect victims of sexual assault or violence who do not have a domestic or household connection with the person who harmed them.

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 or former spouses
• Cohabiting partners (persons who live together or have lived together)
• Co-parents (persons who have a child together)
• Dating partners (current or former)
• Relatives by blood, adoption, or marriage who share or have shared 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 has no relationship requirement.

If you are unsure which order fits your situation, Delaware Family Court's self-help resources and court staff can help you identify the correct form and track.

How to file for a restraining order in Delaware

PFA Orders and SVPOs are 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.

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, the protective core of a final PFA Order (the provisions that keep the respondent away from the petitioner and bar firearm possession) can last up to 2 years. Ancillary civil provisions addressing custody, visitation, child support, and temporary possession of shared property are capped at 1 year. Extending the protective provisions beyond 2 years requires showing aggravating circumstances, such as physical injury, use of a firearm, prior domestic-violence convictions, repeated violations of prior PFA Orders, or an immediate and ongoing danger to the petitioner or a household member. If your situation involves those factors, document them carefully when you file your petition.

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. A first offense is a class D felony; a repeat offense is a class C felony. 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 under 10 Del. C. Section 1044. 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: Also subject to the 15-day mandatory minimum regardless of whether the current 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 Divorce Laws
• Delaware Child Custody Laws
• Delaware Landlord-Tenant Laws