Restraining Orders

Changing / canceling an order
Either you or the respondent may apply to the family court to have an order of protection from abuse changed by filling out a court form requesting the modification. You can get the form from the clerk’s office.

The court can modify an order that was issued by the judge after a hearing (“non-consent order”) only if the party asking for the modification proves that there is a good reason for the change. The court can modify a consent order if both parties agree.¹

Extending an order
You can file a motion to extend your order before your original order expires and a hearing date will be set for both you and the abuser to appear in court.  The order can be extended for a time period determined by the judge.  However, for the judge to extend your order, one of the following must happen at the hearing:

• the judge determines that:
  • domestic violence has occurred since you got the original order;
  • a violation of the order has occurred; 
  • you prove that there is other “good cause” to extend the order; or
• the respondent consents to the extension of the order.² 

You can find some of the forms you need through the DE Download Court Forms page on this website.

¹ See the Delaware State Courts website
² 10 Del. C. § 1045(c)