How to Get a Protection From Abuse Order in Delaware
A survivor-first explanation of Delaware’s Protection From Abuse process.
Protection From Abuse (PFA) Orders in Delaware
What is a PFA Order?
A Protection From Abuse (PFA) order in Delaware is a legal order intended to help protect a person from abuse or threats of abuse. It is designed to create boundaries and provide safety by limiting contact or requiring certain behaviors from the person named in the order.
Who Can Apply for a PFA?
In Delaware, individuals who have a close personal relationship with the person they seek protection from may apply for a PFA. This generally includes family members, people who live together or have lived together, those in an intimate or dating relationship, and sometimes others with specific relational ties.
Where to File and Getting Help
PFA orders are filed at the local court serving the area where the person seeking protection lives or where the abuse is occurring. Many courts provide forms and instructions. Domestic violence advocates, legal aid organizations, and some community groups can help with filling out forms and understanding the process.
The PFA Process
- Emergency or Ex Parte PFA: In urgent situations, a court may issue a temporary order quickly without the other person present. This can provide immediate protections while a full hearing is scheduled.
- Serving the Respondent: The person the order is against must be formally notified, usually by a process server or law enforcement, so they know about the hearing and what the order requires.
- Full PFA Hearing: Both parties have a chance to present information in court. The judge decides whether to grant a longer-term order and what protections to include.
Types of Protections Available
A PFA order may include different types of protections, such as:
- Keeping the respondent away from the petitioner’s home, workplace, or other places.
- Ordering the respondent to move out if living together.
- Temporary custody or visitation arrangements for children.
- Restrictions related to personal property, contact, or communication.
- Financial support or other financial-related orders.
Order Duration and Renewals
PFA orders can last for different periods depending on the case and court decisions. Some orders are short-term, while others may be extended or renewed if needed. It is important to check with local court resources or advocates about how long a protection order will last and what the options are for changes or extensions.
Procedures and eligibility can vary, so it is recommended to consult current Delaware court resources or domestic violence programs for the most up-to-date information.
Additional support options and information about PFA orders and related protections can be found through resources listed at DV.Support.