Domestic Violence Protection Order - Delaware

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware requires the use of official Family Court form Form 450 (Petition for
Protection from Abuse) for domestic violence protection order petitions. This template
provides the substantive legal content to help you prepare — but you must transfer your
content to the official form before filing. The official form is available at
https://courts.delaware.gov/family/pfa/forms.aspx.
Do not file this document directly with the court.

PROTECTION FROM ABUSE ORDER

(Domestic Violence Protection Order – Delaware)

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
4. IV. Representations & Warranties (Findings of Fact)
5. V. Covenants & Restrictions (Prohibited Conduct)
6. VI. Default & Remedies (Enforcement)
7. VII. Risk Allocation (Not Applicable)
8. VIII. Dispute Resolution & Continuing Jurisdiction
9. IX. General Provisions
10. X. Execution Block

I. DOCUMENT HEADER

A. Court & Caption

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [___] COUNTY
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Petitioner:  [PETITIONER FULL LEGAL NAME]
            Date of Birth: [MM/DD/YYYY]
            Address: [STREET, CITY, STATE, ZIP]

v.                                              CIVIL ACTION NO.: [___]

Respondent: [RESPONDENT FULL LEGAL NAME]
            Date of Birth: [MM/DD/YYYY]
            Address: [STREET, CITY, STATE, ZIP]
----------------------------------------------
PROTECTION FROM ABUSE ORDER
(☐ Ex Parte — Emergency   ☐ Final — After Hearing)
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Effective Date: [MM/DD/YYYY]      Expiration Date: [MM/DD/YYYY]*

B. Recitals & Jurisdictional Basis

1. This Court has subject-matter jurisdiction pursuant to the Delaware Protection From Abuse Act, Del. Code Ann. tit. 10, §§ 1041–1046.
2. Venue is proper in [___] County Family Court because the alleged abuse occurred in this county and/or either party resides here.
3. The Court finds that service, notice, and all procedural prerequisites mandated by statute and the Family Court Civil Rules governing Protection from Abuse Proceedings (Del. Fam. Ct. Civ. R. 400–408; emergency/interim relief under R. 65.2) have been satisfied.

II. DEFINITIONS

For purposes of this Order:

• “Act” means the Delaware Protection From Abuse Act, Del. Code Ann. tit. 10, §§ 1041 et seq.
• “Court” means the Family Court of the State of Delaware.
• “Petitioner” means the individual seeking protection, identified above, and any “Protected Party.”
• “Respondent” means the individual against whom relief is granted.
• “Protected Party/Parties” means Petitioner and the following minors or household members:
– Name: ☐, DOB: [___]
– Name: ☐, DOB: [___]
• “Residence” means the dwelling located at [STREET, CITY, STATE, ZIP] or any future residence designated in writing by the Court.
• “Stay-Away Zone” means a perimeter of [100/300/500] feet around any location specified in § III(A).
• “Firearm” carries the meaning set forth in Del. Code Ann. tit. 11, § 222(13).

III. OPERATIVE PROVISIONS

A. No Contact & Stay-Away

1. Respondent SHALL NOT contact, harass, stalk, threaten, or otherwise abuse any Protected Party, directly or indirectly, by any means (including but not limited to in-person contact, phone, text, email, social media, or through third parties).
2. Respondent SHALL stay at least ☐ feet from:
   a. Any Protected Party;
   b. The Residence;
   c. [PETITIONER’S WORKPLACE] located at ☐;
   d. [CHILD(REN)’S SCHOOL/DAYCARE] located at ☐; and
   e. Any other location temporarily occupied by a Protected Party.

B. Exclusive Possession of Residence

1. Petitioner is awarded exclusive use and possession of the Residence.
2. Law enforcement SHALL accompany Petitioner (or Respondent, if authorized) for a one-time civil standby to retrieve personal belongings.

C. Temporary Custody & Visitation

1. Temporary legal and physical custody of the minor child(ren) listed in § II is awarded to Petitioner.
2. Visitation for Respondent:
   ☐ Supervised at [VISITATION CENTER] on [DAY/TIME]; or
   ☐ Suspended pending further Order.

D. Support & Financial Relief

1. Respondent SHALL pay temporary child/spousal support in the amount of $[___] per [week/month], commencing [MM/DD/YYYY], through the Division of Child Support Services.
2. Respondent SHALL reimburse Petitioner for documented out-of-pocket expenses related to abuse (medical, property damage, relocation) within 30 days of submission.

E. Firearm Surrender

1. Pursuant to Del. Code Ann. tit. 10, § 1045(a)(8) & § 1045(g), Respondent SHALL:
   a. Surrender all firearms, ammunition, and deadly weapons in Respondent’s possession to a police officer or a federally-licensed firearms dealer located in Delaware — immediately upon a police officer’s request at personal service, or otherwise within 24 hours of personal service of this Order; and
   b. File with this Court, within 48 hours of personal service, one of the following: (i) a certification that Respondent did not and does not own, possess, or control any firearms; (ii) proof of transfer for each firearm relinquished; or (iii) a certification specifying the location of and reason for inability to access each firearm.

F. Counseling & Treatment
Respondent SHALL enroll in and complete:
☐ A certified domestic violence intervention program;
☐ Substance abuse evaluation/treatment;
☐ Anger-management counseling;
and SHALL provide proof of enrollment within 14 days.

G. Confidentiality & Address Protection
The addresses, phone numbers, and places of employment of Protected Parties SHALL remain confidential and are sealed by the Clerk.

H. Law-Enforcement Entry
Any Delaware police officer SHALL have authority to use reasonable force to:

1. Enforce the stay-away provisions; and
2. Remove Respondent from the Residence if found in violation of this Order.

IV. REPRESENTATIONS & WARRANTIES (Findings of Fact)

1. The Court FINDS by a preponderance of the evidence that Respondent committed an act of domestic violence as defined in Del. Code Ann. tit. 10, § 1041(2).
2. The Court FURTHER FINDS that immediate and continuing relief is necessary to prevent further abuse.
3. Respondent was advised in open court (or will be advised upon service) of the specific terms of this Order, the potential criminal penalties for violation, and the right of either party to move to modify, extend, enforce, or rescind this Order under Del. Code Ann. tit. 10, § 1045(c), with any such motion to be scheduled for hearing within 30 days after proof of service on the respondent is filed.

V. COVENANTS & RESTRICTIONS (Prohibited Conduct)

Respondent COVENANTS AND IS ORDERED to:

1. Obey all terms in § III.
2. Refrain from any criminal offense against a Protected Party.
3. Refrain from destruction, concealment, or disposal of jointly-owned property.

VI. DEFAULT & REMEDIES (Enforcement)

A. Criminal Contempt & Arrest

1. Violation of this Order constitutes criminal contempt of a domestic violence protective order under Del. Code Ann. tit. 11, § 1271A. A law-enforcement officer SHALL arrest Respondent, with or without a warrant, upon probable cause to believe Respondent has violated this Order (Del. Code Ann. tit. 10, § 1046(c)).
2. Criminal contempt under § 1271A is a class A misdemeanor (up to one year incarceration and a fine up to $2,300).
3. The offense is elevated to a class F felony (up to three years incarceration) if the contempt resulted in physical injury or involved the use or threatened use of a deadly weapon or firearm (§ 1271A(a)(2); the Superior Court has exclusive jurisdiction over that felony under § 1271A(f)).
4. A mandatory minimum sentence of 15 days’ incarceration — not subject to suspension, probation, or parole — applies if the contempt resulted in physical injury or involved the use or threatened use of a deadly weapon or firearm (§ 1271A(d)–(e)).

B. Civil Penalties
The Court may impose compensatory damages, attorneys’ fees, and costs incurred in enforcing this Order.

C. Notice & Reporting

1. Any law-enforcement agency that arrests Respondent SHALL forthwith file a written return of service/violation with this Court.
2. Petitioner SHALL promptly report alleged violations to law enforcement.

VII. RISK ALLOCATION

Indemnification, liability caps, and insurance provisions are NOT APPLICABLE to this family-law protective Order.

VIII. DISPUTE RESOLUTION & CONTINUING JURISDICTION

1. Governing Law: This Order is governed by the laws of the State of Delaware, including the Act and applicable Family Court Civil Rules.
2. Forum Selection: Exclusive jurisdiction and venue lie in the Family Court of the State of Delaware.
3. Arbitration: Not available for matters arising under this Order.
4. Jury Trial: Jury trials are not available in Family Court protection-from-abuse proceedings.
5. Injunctive Relief: The equitable relief herein is primary and continuing; the Court retains inherent power to modify, extend, or terminate this Order upon petition and good cause shown.

IX. GENERAL PROVISIONS

1. Amendment & Extension: Either party may petition for modification or extension before expiration in accordance with § 1045(c).
2. Severability: If any provision is held invalid, the remainder shall remain enforceable.

3. Service of Order: The Clerk SHALL transmit certified copies to:
   a. Petitioner (via counsel or address of record);
   b. Respondent (via sheriff or process server);
   c. Delaware Justice Information System (DELJIS);
   d. Appropriate law-enforcement agencies for entry into NCIC.

4. Electronic Signatures & Counterparts: Permitted pursuant to Family Court Administrative Directive 2020-2.

X. EXECUTION BLOCK

SO ORDERED this ______ day of ______________, 20____.

____________________________________
Judge [FULL NAME]
Family Court of the State of Delaware

Presented by:                          Approved as to Form:

_____________________________          _____________________________
[PETITIONER ATTORNEY NAME], Esq.       [RESPONDENT ATTORNEY NAME], Esq.
Del. Bar No. [___]                  Del. Bar No. [___]
Counsel for Petitioner                 Counsel for Respondent

NOTARY/ACKNOWLEDGMENT (Required ONLY if signatures are obtained outside open-court proceedings)

State of Delaware           )
County of [________________________________]         )  ss.
Subscribed and sworn before me on this _____ day of __________, 20___.
__________________________________
Notary Public
My Commission Expires: ___________

* Unless otherwise noted, this Order shall expire at 11:59 p.m. on the Expiration Date.