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EspañolWho can file for an order of protection from abuse?
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)
What does it mean to have a “substantive dating relationship”?
For the purposes of getting an order of protection, having a “substantive dating relationship” means that you and the abuser had a relationship that was more than casual. In other words, you were not just acquaintances or people who were simply friendly at work or in social situations.1
If the abuser disputes that you had the kind of dating relationship that could qualify for an order of protection, the judge may look at:
- how long you were in a relationship;
- the type of relationship you had; or
- how often you interacted.1
1 Del. Code tit. 10, § 1041(2)(b)
Can I get an order of protection from abuse against a same-sex partner?
In Delaware, you may apply for an order of protection from abuse against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get an order of protection from abuse? You must also be the victim of an act of abuse, which is explained here What is the legal definition of abuse in Delaware?
Can I get an order of protection from abuse if I'm a minor?
Under Delaware law, a minor is a person under 18 years of age. If you are a minor, you can get an order of protection by having one of these people file for you:
- your parent;
- your legal guardian; or
- a child protection services worker.1
1 Del. Code tit. 10, §§ 1041(4)(b); 1043(a)
How much does it cost? Do I need a lawyer?
There is no filing fee to get an order of protection from abuse.
Although you do not need a lawyer to file for an order of protection from abuse, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the DE Finding a Lawyer page under the Places that Help tab at the top of this page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the DE Courthouse Locations page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
