Restraining Orders

You can file a petition for yourself, your minor child, or on behalf of an adult who is impaired.¹  To be eligible for an order of protection from abuse, an act of abuse must have been committed against you (or your minor child or the impaired adult) by:

• a current or former spouse;
• someone with whom you were “cohabitating” (living together as a couple, with or without a child in common);
• your custodian; 
• your child;
• someone with whom you have or had a “substantive” dating relationship;
• someone with whom you have a child in common, even if you don’t live together;
• someone you are related to by blood or marriage with whom you live (together in one household); or
• someone you are related to in any of the following ways:
  • mother, father
  • mother-in-law, father-in-law
  • brother, sister
  • brother-in-law, sister-in-law
  • grandparent, grandchild
  • stepmother, stepfather
  • child, stepchild, daughter-in-law, son-in-law.²

This definition of relationships includes both blood relationships and relationships by adoption.  Also, it does not matter if a parent’s parental rights were legally terminated.²  For example, if your mother’s rights were terminated but she was abusing you, you could still file for an order of protection against her.

¹ 10 Del.C. § 1041(3)
² 10 Del.C. §§ 1041(2); 901(12)

Under Delaware law, a minor is a person under 18 years of age. If you are a minor you can get an order of protection by having your parent, legal guardian or child protection services file for an order on your behalf.¹

¹ 10 Del. C. §§ 1041(3)(b); 1043(a)