Justice of the Peace Court Crime Victim Information

The information contained in this sheet is intended to help crime victims with resource and referral information. In 1992, Delaware enacted legislation called the "Victims' Bill of Rights". This law mandates that crime victims be informed about the criminal justice process, and it also extends notification and participation rights to them. The law specifies that certain information must be given to victim either orally or in writing. For more information on your rights as a crime victim, please contact the police department's victim service unit that is handling your case. (Telephone numbers are listed at the bottom of this page.)

After filing for a warrant in the Justice of the Peace Court, a judge will review the information to determine if there is sufficient probable cause to sign a warrant. When a warrant is signed the next step is that the suspect will be arrested but, this may take some time. CREATE AN EMERGENCY SAFETY PLAN FOR YOURSELF. You may contact the police department's victim services unit for help with creating a safety plan.

Upon arrest the suspect will have the opportunity to make bail. There is no guarantee that the suspect will remain in jail. YOU MUST HAVE A PLAN FOR YOUR SAFETY. You can call the following prisons to see if the suspect is still in custody; Gander Hill Prison 302-429-7759, Baylor Women's Correctional Institution 302-577-3004, Delaware Correctional Center 302-653-9261, Sussex Correctional 302-856-5280.

A court date will be scheduled to hear the case. It is important that you show up for trial. It is also important that you let the court know if you change your address or phone number, you can call the appropriate court to change your information. You should also contact the Department of Justice at 800-870-1790 to make an address change. Failure to do so will result in you not being properly notified of the hearing.

In some domestic violence situations there can be a Protection From Abuse Order (PFA) issued. For information on how to file one call the Victims Advocacy Program in your county at: New Castle Co 255-0420, Kent Co. 739-6552, and Sussex Co. 856-5843.

The Victims Compensation Assistance Program (VCAP) can sometimes cover victim's expenses such as: medical/mental health bills, lost wages, security deposits, transitional housing, childcare costs and funeral expenses. You may be eligible for compensation if you are the innocent victim of a violent crime. The Board cannot cover stolen or damaged property or money. For more information on how this may be helpful to you, contact the victim services unit within the police department that handled your case.

You must be an active part of this process. IF YOU HAVE A QUESTION PLEASE ASK IT. The court clerks cannot give legal advice and therefore may not be able to answer your question. Each police department has access to a victim services worker. Please use the below listing to access information, resources and referrals for assistance.

IF YOU ARE THREATENED, HARRASSED, OR THERE ARE CONTINUING PROBLEMS, CALL 911.