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EspañolHow do I get a lethal violence protective order?
The process for getting a lethal violence protective order is similar to getting an order of protection from abuse, but you will fill out different forms.1
Your petition for a lethal violence protective order must include a sworn statement, in which you:
- state that the person (respondent) poses a danger of physically injuring themselves or another person by controlling, owning, buying, having, having access to, or receiving a firearm or a projectile weapon; and
- list where you believe the respondent’s firearms or projectile weapons are located.1
Your petition must be filed in the county where the respondent lives.2
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.3
1 Del. Code tit. 10, §§ 7702(b), (d); 7704(a)
2 Del. Code tit. 10, § 7702(c)
3 Del. Code tit. 10, § 7701(1), (6); Del. Code tit. 11, § 222(13), (28)
Can I renew a lethal violence protective order?
The same person (petitioner) who filed for the original order can ask to renew it during the three months before the order expires.1 The judge will give notice to the respondent and hold a hearing.2 The judge will grant the renewal if the petitioner shows that the respondent still poses a danger of causing physical injury to themselves or another person by owning, buying, having, or having access to a firearm or a projectile weapon.3 The judge can renew the order for up to one more year.4
1 Del. Code tit. 10, § 7705(b)
2 Del. Code tit. 10, § 7705(b)(1)
3 Del. Code tit. 10, § 7705(b)(2); see Del. Code tit. 10, § 7701(1), (6); Del. Code tit. 11, § 222(13), (28) for the definitions of “firearms” and “projectile weapons”
4 Del. Code tit. 10, § 7705(b)(4)
What happens if the respondent violates the order?
Violating a lethal risk protective order is a Class A misdemeanor.1 If the respondent is convicted of a Class A misdemeanor, the judge could sentence the respondent to up to one year in jail, a fine of up to $2,300, and other conditions that the judge thinks are appropriate.1
110 Del. Code § 7708(a); 11 Del. Code § 1271A(b)
2 11 Del. Code § 4206(a)
