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EspañolWhat is a lethal violence protective order?
A lethal violence protective order is an order issued by a Justice of the Peace Court or a Superior Court that says a person (respondent) can’t control, own, buy, have, have access to, or receive a firearm or a projectile weapon. The purpose of the order is to keep the respondent from hurting themselves or another person with a firearm or a projectile weapon.1
Note: You can see the definitions of “firearms” and “projectile weapons” by going to Del. Code tit. 11, Section 222(13), (28) on our Selected Delaware Statutes page.2
1 Del. Code tit. 10, § 7701(3), (6), (7)
2 Del. Code tit. 10, § 7701(1), (6); Del. Code tit. 11, § 222(13), (28)
What protections can I get in a lethal violence protective order?
In either an emergency or a nonemergency lethal violence protective order, a judge can order that the respondent:
- give up any firearms or ammunition s/he owns, has, or can access to law enforcement or another person (a “designee”);
- submit to a search by law enforcement looking for firearms or ammunition; and
- not live with anyone who owns, has, or has access to any firearms or ammunition.1
110 Del. Code § 7704(d)
Who can file for a lethal violence protective order?
You can file for a nonemergency lethal violence protective order if the person (“respondent”) poses a danger that they will physically injure themselves or another person by controlling, owning, buying, having, having access to, or receiving a firearm or projectile weapon.1
For you to file for this order, the respondent 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.2
If you have one of these relationships with the respondent, you can file for a nonemergency protective order on your own, or you can ask a law enforcement officer to file it for you. However, if you need an emergency lethal violence protective order, you would have to ask a law enforcement officer- only an officer can request an emergency order.3 You can read more about the difference between the two types of orders and how to get them in What types of orders are there? How long do they last?
1 Del. Code tit. 10, § 7701(4)
2 Del. Code tit. 10, §§ 1041(2); 901(12)
3 Del. Code tit. 10, § 7703(a)
What types of orders are there? How long do they last?
There are two types of lethal violence protective orders: emergency lethal violence protective orders and nonemergency lethal violence protective orders.
Emergency lethal violence protective orders
An emergency lethal violence protective order must be requested by a law enforcement officer in a Justice of the Peace Court. An emergency order is issued ex parte. Ex parte means that the person against whom the order is made (the respondent) is not notified beforehand and is not present at the hearing. A justice of the peace can issue an emergency lethal violence protective order if they decide that the respondent poses an immediate and present danger of causing physical injury to themselves or another person by owning, buying, or having access to a firearm or a projectile weapon.1
If a justice of the peace issues an emergency order, it must be delivered (served) to the respondent immediately. Then, there will be a full hearing in Superior Court, usually within 15 days. An emergency order can be extended until the respondent is served, but cannot last for more than 45 days.2
Nonemergency lethal violence protective orders
A law enforcement officer or the respondent’s family member or dating partner can request a nonemergency lethal violence protective order in a Superior Court. The respondent has to get notice of the case and the opportunity to participate in a court hearing before the judge can issue a nonemergency lethal violence protective order against them. The judge must decide if the respondent poses an immediate and present danger of causing physical injury to themselves or another person by owning, buying, or having access to a firearm or a projectile weapon.3
If the judge grants a nonemergency order, it can last for up to five years. If you want the order to continue, the same person who filed for the order can ask the judge to renew it before it expires.4 See Can I renew a lethal violence protective order? for more information.
However, the respondent can request a hearing and ask the judge to end (terminate) the nonemergency lethal violence protective order early. The respondent can ask for this once a year while the order is active. The respondent would have to prove to the judge that they are no longer a danger to themselves or another person.5
Note: You can see the definition of firearms and projectile weapons by going to Del. Code tit. 11, Section 222(13), (28) on our Selected Delaware Statutes page.6
1 Del. Code tit. 10, § 7703(a), (b), (d)
2 Del. Code tit. 10, § 7703(e), (f)
3 Del. Code tit. 10, § 7704(a), (b), (d),
4 Del. Code tit. 10, §§ 7704(j); 7705(b)
5 Del. Code tit. 10, § 7705(a)
6 Del. Code tit. 10, § 7701(1), (6); Del. Code tit. 11, § 222(13), (28)
