Will a judge actually believe me?
If you're researching a restraining order in Delaware, you may be quietly bracing for a judge to decide your story isn't serious enough. That worry doesn't mean you're wrong about what you've lived through. Delaware's Family Court exists specifically to hear these cases, and judges weigh a clear, consistent account and whatever documentation supports it - not how composed you manage to sound while describing it. Evidence doesn't replace your testimony; it backs it up.
Types of protection orders in Delaware
In Delaware, the civil order you're likely thinking of is called a Protection From Abuse (PFA) order, issued by Family Court under Title 10 of the Delaware Code (§ 1041 et seq.). Delaware doesn't use separate labels for different relationship types the way some states do - one PFA process covers eligible relationships, which include:
- Current or former spouses.
- People living together and holding themselves out as a couple, with or without a child in common.
- People living separately who have a child in common.
- People in a current or former dating relationship.
- Family members related by blood, marriage, or adoption, including household members.
A PFA order can require the other person to stop the abuse, stay away from you, your home, and your children's school, and can address other safety and custody-related issues.
Emergency / ex parte orders
If you believe you're in immediate danger, you can request an Ex Parte Order the same day you file - a short emergency hearing where the other party isn't present. According to Delaware Courts, an ex parte PFA order typically lasts up to 15 days, and can be extended to 30 days if the trial needs to be rescheduled for service or other good cause, until the full hearing takes place. Requests for a same-day emergency hearing filed after 3:30 p.m. are generally heard the next business day.
How to file in Delaware
You can file a PFA petition without a lawyer, and court staff or domestic violence advocacy volunteers can help with the paperwork. In broad terms:
- Go to Family Court in your county in person (8:30 a.m.-4:30 p.m.), or file by email to [email protected]; the court does not accept PFA filings by fax.
- Complete the Protection From Abuse Petition (Form #450) and Information Sheet (Form #240).
- For a same-day emergency hearing, also complete the Affidavit for Emergency Ex Parte Hearing (Form #656) and Affidavit for PFA Ex Parte Order (Form #654).
- Attend the ex parte hearing if requested - a judge decides that day whether immediate relief is warranted.
- Have the other party served, then attend the full hearing, where both sides can present evidence before a final order is decided.
There is no fee to file a PFA petition in Delaware.
What evidence helps
You don't need a lawyer or a police report to petition for a PFA. But a clear record makes both the ex parte hearing and the final hearing easier to follow. Useful documentation includes:
- A dated, chronological journal of incidents, even brief notes written soon after each event.
- Call logs, text messages, and voicemails, especially anything with a visible date and time.
- Photos of injuries or property damage, dated where possible.
- Names and contact information for anyone who witnessed an incident or its aftermath.
The goal is a timeline the judge can follow easily - not a single dramatic exhibit.
Frequently asked questions
- Do I need a lawyer to file for a PFA in Delaware?
- No. You can file on your own. Family Court staff can supply the forms, and volunteers from a Domestic Violence Advocacy Program may be available to help you complete the petition.
- Does the other person have to be notified before an ex parte order is issued?
- No - the ex parte order can be granted without the other party present if the judge finds you're in immediate danger. They are notified and served before the full hearing, where they can respond.
- What happens if the other person violates a PFA order?
- Violating a PFA order in Delaware is a criminal offense and should be reported to police right away. Keep a dated record of what happened - this matters for enforcement and for any request to extend the order.
- Can I get a PFA order without a police report?
- Yes. A police report is not required to petition for a Protection From Abuse order; it is a civil process separate from any criminal case.