Restraining Orders

In an order of protection from abuse, a judge may order the abuser to:

• stay away from you;
• stay away from a pet (“companion animal”) that is owned or held by you, the abuser, or a minor child living with you or the abuser;
• not take, transfer, hide, harm, or otherwise get rid of such pet;
• stay away from your residence, workplace, school, and daycare;
• stop threatening or abusing you;
• stop contacting you;
• pay child support and spousal support;
• pay certain expenses;
• attend counseling;
• not destroy, sell, or conceal joint property;
• return legal documents, such as a passport, immigration papers, or Social Security card; and
• surrender any and all firearms or projectile weapons. The judge can also order the police to search for and take the respondent’s firearms or projectile weapons if you can describe:
  • what type of guns or weapons the abuser has;
  • where they located; and​
  • how the abuser has used or threatened to use them against you, or why you fear they might.¹

A judge may also grant you:

• exclusive use of the home or of certain possessions, including the family car, regardless of whose name the title is in;
• temporary custody of your children with the abuser;
• a temporary visitation order, which could include supervised visitation if necessary;
• exclusive care, custody, or control of any pet (“companion animal”) owned or held by you, the abuser, or a minor child living in your or the abuser’s home; and
• anything else that the judge believes is necessary for you to be free from the violence.¹

Whether a judge orders any or all of the above depends on the facts of your case.

¹ Del. Code tit. 10, § 1045(a); see Del. Code tit. 11, § 222(13), (28) for the definitions of “firearm” and “projectile weapon”