Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Order of Protection

Delaware law defines domestic violence as the happening of any of the following actions by a family or household member:  causing or attempting to cause actual physical injury or sexual offenses; damaging, destroying, or taking property; trespassing; child abuse; kidnapping; unlawful imprisonment; interference with custody; or causing fear or emotional distress.  The court will examine the existing relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Delaware law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders: a emergency order of protection and a long-term order of protection.  An emergency order, which lasts 10 days, may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  A permanent order of protection cannot be issued until the alleged abuser is given a chance to tell his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for an Order of Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a permanent order of protection.  If your petition is granted, it will run anywhere up to a year, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to order the abuser to do the following things: stay away from your residence and workplace as well as your children's school and day care; stop contacting you; pay child and spousal support (if appropriate); surrender any and all firearms; attend counseling; and not to sell or destroy any joint property.  In certain circumstances, the judge may grant you exclusive use of certain possessions, such as the family or household car. 

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Delaware who have been victims of domestic violence can be found here.