Police Response and Domestic Violence Charges in Delaware
How Delaware police and courts generally respond when domestic violence is reported.
Delaware Police Response to Domestic Violence
What Happens When Police Respond
When Delaware police respond to a domestic violence call, their primary role is to ensure safety and gather information. Officers will typically separate all parties involved to listen to each person’s account. They may look for signs of injury or damage, and collect any evidence that can help understand the situation.
Arrest Considerations
Police in Delaware may make an arrest if they have probable cause to believe that domestic violence has occurred. This decision depends on the evidence at the scene, statements from those involved, and visible injuries. Arrest is not automatic for every call; officers use their judgment to determine if an offense has likely taken place.
This overview is general and does not substitute for specific legal advice.
Police Report vs. Criminal Charges
A police report is a written record made by the responding officers that includes details about the incident. Filing a report does not mean criminal charges have been formally brought against anyone. Prosecutors review the police report and other evidence before deciding whether to file charges in court.
After an Arrest: Arraignment and Conditions
If an arrest is made, the accused will usually appear for arraignment promptly. During arraignment, a judge informs them of the charges and decides about bail or release conditions. The court may impose no-contact orders or other restrictions to protect the survivor and maintain safety.
Accessing Criminal Case Information
Survivors can access information about their criminal case through the Delaware Courts system or by contacting the prosecutor’s office. Some details may be available online or through public records, while other information may require direct communication with legal or court officials.
Overlap of Criminal Cases, PFAs, and Family Court
Domestic violence situations in Delaware often involve multiple legal processes. Criminal cases address offenses under criminal law, while Protection From Abuse (PFA) orders are civil court remedies intended to provide safety measures. Family court matters—such as custody or support—may also relate to the same situations. These processes run separately but can affect each other.
For broader information about support options and resources, survivors may find additional contacts and services through resources listed at DV.Support.