How to Get a Restraining Order in Delaware
In Delaware these are called Protection From Abuse (PFA) order. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Delaware
- Emergency / temporary orders
- If there is an immediate and present danger of domestic violence, you can ask for an emergency ex parte order without notice to the respondent. 10 Del. C. § 1043
- How long an order lasts
- Most relief lasts up to 1 year; orders against abuse and contact can last up to 2 years. With aggravating circumstances (such as serious injury, use of a weapon, or repeated violations), no-abuse/no-contact orders can last as long as reasonably necessary, up to a permanent order. 10 Del. C. § 1045(b)–(d),(f)
- Where to ask
- File a verified petition in Family Court in any county where you live, where the respondent lives, where the abuse occurred, or where you are temporarily staying to avoid abuse. 10 Del. C. § 1042(b)–(d); PFA instruction packet
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Protection From Abuse (PFA) order from Family Court, including emergency ex parte orders and orders after a hearing or by consent. Re-verified 2026-10-27. Source: 10 Del. C. §§ 1041–1046 |
|---|---|
| Who can ask for an order | A member of a protected class who suffers domestic violence: family members (as defined in Delaware law); former spouses; people living together as a couple; people living apart who have a child in common; and people in a current or former substantive dating relationship (not casual acquaintances). Relatives not on the list, such as cousins, aunts and uncles, qualify only if you live together. The Division of Child Protective Services or Adult Protective Services can also file. Delaware amended §§ 1041, 1043 and 1046 effective Jan. 1, 2027; this reflects the version in effect on 2026-10-25. Re-verified 2026-10-27. |
| Where to ask | File a verified petition in Family Court in any county where you live, where the respondent lives, where the abuse occurred, or where you are temporarily staying to avoid abuse. Forms and help from court staff are available during business hours; petitions can also be filed by email per the court's instruction packet. You do not have to reveal your address if disclosure would endanger you. Re-verified 2026-10-27. |
Emergency orders and the hearing
| Emergency / temporary orders | If there is an immediate and present danger of domestic violence, you can ask for an emergency ex parte order without notice to the respondent. The ex parte hearing is held the same day the petition is filed or the next day court is in session. Ex parte orders stay in effect until the full hearing and can be extended up to 30 days to complete service. Delaware amended §§ 1041, 1043 and 1046 effective Jan. 1, 2027; this reflects the version in effect on 2026-10-25. Re-verified 2026-10-27. Source: 10 Del. C. § 1043 |
|---|---|
| Serving the order | The court arranges service of the petition, notice and any ex parte order on the respondent, which may be by the Sheriff. If the respondent appears in court, they are handed the order there. |
| The court hearing | If an ex parte order is issued, a full hearing is held within 15 days. Other emergency hearings are scheduled within 15 calendar days; non-emergency petitions get a hearing within 30 days. Delaware amended §§ 1041, 1043 and 1046 effective Jan. 1, 2027; this reflects the version in effect on 2026-10-25. Re-verified 2026-10-27. |
| How long an order lasts | Most relief lasts up to 1 year; orders against abuse and contact can last up to 2 years. With aggravating circumstances (such as serious injury, use of a weapon, or repeated violations), no-abuse/no-contact orders can last as long as reasonably necessary, up to a permanent order. Orders can be extended on motion if new abuse, a violation, consent or good cause is shown. Reconciliation does not end the order. Re-verified 2026-10-27. Source: 10 Del. C. § 1045(b)–(d),(f) |
What the order does
| What an order can require | The court can order no abuse and no contact; give you exclusive possession of the home regardless of whose name is on it; give you temporary use of a car, keys and belongings; award temporary custody and set visitation; order support and payment for losses (medical, counseling, moving, repairs, legal costs); give you custody of companion animals; order return of passports, immigration papers or Social Security cards; order counseling; and other relief to prevent abuse. Re-verified 2026-10-27. Source: 10 Del. C. § 1045(a) |
|---|---|
| Firearms | The court can order the respondent to relinquish firearms and projectile weapons to police or a licensed Delaware dealer and not buy more during the order; relinquishment is immediate if police request it at service, otherwise within 24 hours. The court can also order police to search for and seize firearms in certain circumstances. Respondents are told they may not possess firearms while the order is in effect. Re-verified 2026-10-27. Source: 10 Del. C. § 1045(a)(8),(11),(g) |
| If the order is violated | Knowingly violating a protective order is a class A misdemeanor and can also be contempt. Police must arrest, with or without a warrant, when they have probable cause that a known order was violated. Orders are enforceable in every county. Delaware amended §§ 1041, 1043 and 1046 effective Jan. 1, 2027; this reflects the version in effect on 2026-10-25. Re-verified 2026-10-27. Source: 10 Del. C. § 1046(b),(c),(h),(i) |
Children and privacy
| Minors and children | A parent or legal guardian can file for a PFA on behalf of a child; either the parent or the child must have a qualifying relationship with the alleged abuser. The Division of Child Protective Services can also file for a minor. |
|---|
Forms and help in Delaware
- Delaware courts: protective order help
- Official Delaware protective order forms
- 24-hour Domestic Violence Hotlines (listed in Family Court PFA packet) — New Castle County 302-762-6110; Kent & Sussex 302-422-8058
- Free legal aid in Delaware
Delaware protective order FAQ
What kinds of protective orders are available in Delaware?
Protection From Abuse (PFA) order from Family Court, including emergency ex parte orders and orders after a hearing or by consent.
Who can get a restraining order in Delaware?
A member of a protected class who suffers domestic violence: family members (as defined in Delaware law); former spouses; people living together as a couple; people living apart who have a child in common; and people in a current or former substantive dating relationship (not casual acquaintances). Relatives not on the list, such as cousins, aunts and uncles, qualify only if you live together. The Division of Child Protective Services or Adult Protective Services can also file.
Where do I file for a restraining order in Delaware?
File a verified petition in Family Court in any county where you live, where the respondent lives, where the abuse occurred, or where you are temporarily staying to avoid abuse. Forms and help from court staff are available during business hours; petitions can also be filed by email per the court's instruction packet. You do not have to reveal your address if disclosure would endanger you.
How fast can I get an emergency protective order in Delaware?
If there is an immediate and present danger of domestic violence, you can ask for an emergency ex parte order without notice to the respondent. The ex parte hearing is held the same day the petition is filed or the next day court is in session. Ex parte orders stay in effect until the full hearing and can be extended up to 30 days to complete service.
What happens at the restraining order hearing in Delaware?
If an ex parte order is issued, a full hearing is held within 15 days. Other emergency hearings are scheduled within 15 calendar days; non-emergency petitions get a hearing within 30 days.
How long does a restraining order last in Delaware?
Most relief lasts up to 1 year; orders against abuse and contact can last up to 2 years. With aggravating circumstances (such as serious injury, use of a weapon, or repeated violations), no-abuse/no-contact orders can last as long as reasonably necessary, up to a permanent order. Orders can be extended on motion if new abuse, a violation, consent or good cause is shown. Reconciliation does not end the order.
What can a protective order do in Delaware?
The court can order no abuse and no contact; give you exclusive possession of the home regardless of whose name is on it; give you temporary use of a car, keys and belongings; award temporary custody and set visitation; order support and payment for losses (medical, counseling, moving, repairs, legal costs); give you custody of companion animals; order return of passports, immigration papers or Social Security cards; order counseling; and other relief to prevent abuse.
Does a protective order affect firearms in Delaware?
The court can order the respondent to relinquish firearms and projectile weapons to police or a licensed Delaware dealer and not buy more during the order; relinquishment is immediate if police request it at service, otherwise within 24 hours. The court can also order police to search for and seize firearms in certain circumstances. Respondents are told they may not possess firearms while the order is in effect.
How is a restraining order served in Delaware?
The court arranges service of the petition, notice and any ex parte order on the respondent, which may be by the Sheriff. If the respondent appears in court, they are handed the order there.
What happens if someone violates a protective order in Delaware?
Knowingly violating a protective order is a class A misdemeanor and can also be contempt. Police must arrest, with or without a warrant, when they have probable cause that a known order was violated. Orders are enforceable in every county.
Can a minor get a restraining order in Delaware?
A parent or legal guardian can file for a PFA on behalf of a child; either the parent or the child must have a qualifying relationship with the alleged abuser. The Division of Child Protective Services can also file for a minor.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.