Restraining Orders

You can file for an order of protection if the abuser has committed domestic violence against:

• you;
• your minor child; or
• an adult who is impaired.¹

In order for the abuse to be considered domestic violence, the abuser must be:

• your: 
  • spouse or ex-spouse;
  • parent, even if their parental rights were taken away (terminated);
  • grandparent;
  • stepparent;
  • mother-in-law or father-in-law;
  • sibling;
  • brother-in-law or sister-in-law;
  • child, even if your parental rights were terminated;
  • grandchild;
  • stepchild; or
  • daughter-in-law or son-in-law
• another family member who is related to you by blood or marriage and lives with you;
• your custodian, if you are a child and someone else has custody of you;
• a child you are the custodian for;
• someone you live with as a couple (“cohabitating”), whether or not you have a child together;
• someone you have a child with, even if you don’t live together; or
• someone you are dating or used to date if you had a “substantive dating relationship.”²

Note: The family relationships listed above include relatives through adoption.

¹ Del. Code tit. 10, § 1041(4)(a)
² Del. Code tit. 10, §§ 1041(2)(a)-(b); 901(12)