Restraining Orders

There are two types of sexual violence protective orders: emergency sexual violence protective orders and nonemergency sexual violence protective orders.

Emergency sexual violence protective orders:  An emergency order is issued “ex parte.” Ex parte means that the abuser is not notified beforehand and is not present at the hearing. If you ask for an emergency order, the court must hold the ex parte hearing within 72 hours of the time you file your case. A Superior Court judge or commissioner can issue an emergency sexual violence protective order if s/he finds that all of the following things are true:

1. you have been a victim of non-consensual sexual conduct or non-consensual penetration;
2. the abuser has said or done specific things during or after the non-consensual sexual conduct, which cause you to reasonably fear that s/he will harm you in the future; and
3. there is an immediate and present danger that that the abuser will cause you physical harm.¹ 

If the court issues an emergency order, there must be a full hearing in Superior Court within 15 days. Emergency orders can be extended until the abuser can be served, but emergency sexual violence protective orders can only last for up to 45 days.²

Nonemergency sexual violence protective orders: A Superior Court judge or commissioner can issue a nonemergency sexual violence protective order after the abuser has notice of the case and the opportunity to participate in a court hearing. To issue an order, the judge or commissioner must believe that numbers 1 and 2, listed above, are true.³

Nonemergency orders can last for up to three years⁴ but you can request to renew a nonemergency order before it expires. See Can I renew a sexual violence protective order? for more information.

Note: The abuser can request a hearing to end a nonemergency sexual violence protective order once within the three-year period that the order is effective.⁵ 

¹ 10 Del.C. § 7204(b)
² 10 Del.C. § 7204(f)
³ 10 Del.C. § 7205(b)(4)
⁴ 10 Del.C. § 7205(i)
⁵ 10 Del.C. § 7206(a)