View the Comprehensive Protection from Abuse Case Instruction Packet to learn more about filing for a PFA, the PFA process, and acts that qualify as abuse under Delaware Law.
What is a Protection From Abuse (PFA) Order?
A PFA Order is an order of Family Court ordering someone to stop abusing another person, and may include other relief, such as ordering the abuser to stay away from the person being abused. Abuse is defined as any threatening or harmful conduct including serious emotional harm.
You can file a PFA Petition against any person with whom you have any of the following types of relationship:
- Spouse or former spouse;
- Persons living together and holding themselves out as a couple (with or without a child in common);
- Persons living separate and apart but who have a child in common;
- Persons in a current or former dating relationship;*
*This would be a person you “dated”, “went out with”, or were in a “courtship” with. You might call them your “boyfriend”, “girlfriend”, or “fiancé”, or maybe just a person you were “seeing” and spent time together in a potentially romantic way.
- Any of these family relationships:
- Parent or child (including step- and in-law),
- Brother or sister (including in-law),
- Son or daughter (including in-law and where parental rights have been terminated),
- Grandparent or grandchild; or
*For example, cousins renting separate rooms in a boarding house might not qualify. But those same cousins residing in the home of their grandparents would qualify.
Pursuant to 10 Del. C. §1041 Abuse means conduct which constitutes the following:
- Intentionally or recklessly causing or attempting to cause physical injury, or a sexual offense as defined in 11 Del. C. §761.
- Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or another.
- Intentionally or recklessly damaging, destroying or taking the tangible property of another person.
- Engaging in the course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response.
- Trespassing on or in property of another person or on or in property from which the trespasser has been excluded by court order.
- Child Abuse as defined in Chapter 9 of Title 16.
- Unlawful imprisonment, kidnapping, interference with custody and coercion as defined in Title 11.
- Any other conduct which a reasonable person under the circumstances would find threatening or harmful.
If You Want to File for a Protection From Abuse (PFA) Order
How does someone file for a Protection From Abuse (PFA) Order?
You do not need an attorney to seek a PFA Order. Court staff will help you with the necessary forms and volunteers from a Victim Advocacy Program may also be available to help.
Go to the Family Court between the hours of 8:30 am and 4:30 pm, Monday through Friday. If you believe that you are in immediate danger of abuse, you may ask for an emergency (ex parte) hearing that same day. If you will be asking the Court for an emergency (ex parte) hearing, you should go to the Family Court early in the day, but not later than 4:30 p.m.
Ask the clerk for a Protection From Abuse Petition (form #450). If you are asking for an emergency (ex parte) hearing, also ask the clerk for the Affidavit for Emergency Hearing Form. Fill in all the blanks on both forms. Give enough facts for the Court to know how you are being abused and whether you are in immediate danger. A Court staff person will ask you some questions. Be specific with your answers.
What happens at an emergency ex parte hearing?
If the Court decides to give you an emergency hearing, you will be taken before a Commissioner of the Court the same day or the next day, and the Commissioner will ask some questions. If the Commissioner decides to sign an Emergency (ex parte) Order granting you relief, you will be given a date for a full hearing which the respondent will be asked to attend. Your emergency (ex parte) order will last until the full hearing takes place.
What happens on the hearing day?
On the day of the full hearing, the respondent will be asked by a Court staff person if he/she is willing to have a Consent Order entered. If the respondent is willing to have a Consent Order entered, he/she does not have to admit that there was any abuse and the Court does not decide if there was any abuse, but will enter an Order for some or all of the relief requested. Because there is no finding of abuse, the Consent Order cannot be used as evidence of abuse in any future hearing.
If the Respondent agrees to the relief, no evidence will need to be presented. You and the respondent will go into the courtroom and tell the Commissioner that you agree to the issuance of an order. The Commissioner will ask you some questions to make sure you both understand the Consent Order. The signed Consent Order will be given to both of you that same day.
If the Respondent does not agree to a Consent Order, the Judicial Officer will conduct a hearing. The petitioner and the respondent will each be given a chance to present their side of the story and any evidence that they may have. If witnesses are going to be called to help tell the story, the person calling the witness must ask the Court in advance to subpoena the witness. You may also use such things as photographs and tape recordings. You are not usually allowed to use doctors' or police reports unless the doctor or police person is present.
The Judicial Officer may ask both the petitioner and the respondent questions. At the end of the hearing, the Judicial Officer will decide whether he or she believes that abuse occurred. If so, an Order of Protection will be signed and copies will be given to both the petitioner and the respondent.
What do Protection From Abuse (PFA) Orders usually say?
PFA Orders may provide for any or all of the following relief:
- No more abuse
- No contact with the Petitioner
- Petitioner may be given exclusive use of the home or of certain possessions
- Temporary custody (What is Child Custody)
- Conditions of Visitation
- Child support or support for the Petitioner
- Payment of expenses
- Surrender of firearms
- Any other relief that might help prevent future violence
The initial duration of a temporary ex parte order is up to 15 days.
The order may be extended to up to 30 days if the PFA trial is rescheduled:
- To accomplish service of process on the Respondent, or
- At the request of a party for good cause.
The “protective” provisions of a PFA order by consent, default or after a full hearing can last up to 2 years and sometimes longer. This includes:
- No further abuse;
- Stay 100 yards away from petitioner, residence and workplace;
- No contact (communication) of any kind; and
- No firearms, ammunition, or deadly weapons.
The protective provisions may be ordered for more than 2 years upon consent of the parties, or upon a finding of aggravating circumstances including:
- Physical Injury
- Use of a firearm
- Past DV convictions
- Repeated violations of prior PFAs
- Any circumstance where there is an immediate and ongoing danger to the petitioner or any member of his/her household.
“Ancillary” provisions in a PFA order are limited to 1 year. These include:
- Custody of and Visitation with children;
- Payment of Support; and
- Temporary Possession of homes and personal property.
Extension and early termination
The party who wants to change a PFA Order in some way may file with Family Court a form called a Motion to Modify, Extend or Rescind Order of Protection from Abuse (form #456).
A PFA order of less than 2 years may be extended by the court after a hearing but can only exceed 2 years upon a finding of aggravating circumstances.
If You Are the Respondent...
How do Respondents know when a Protection From Abuse (PFA) Petition is filed against them?
If you are named as a respondent in a Protection from Abuse Petition, you will personally receive a copy of the petition and a summons notifying you of the date, time and place for the full hearing. If the petitioner has been given an Emergency (ex parte) Order, you will be given a certified copy of that Order at the same time. The Emergency (ex parte) order stays in effect until after the full hearing is over and you must obey it as you would any court Order.
What happens if someone disobeys a Protection From Abuse (PFA) Order?
The violation of a PFA Order is a crime punishable by up to one year in jail and/or a fine of up to $2,300. If a respondent disobeys a PFA Order, he or she is subject to arrest and, if convicted, may be fined or sent to jail.
A petitioner who believes an Order has been violated can call the police or may go to Family Court to report the violation.
A PFA Order is effective even if the petitioner contacts the respondent or wants to reconcile. A respondent must do what the Order says, no matter what the petitioner does, or asks the respondent to do, unless the Court modifies or vacates the Order.
Can Protection From Abuse (PFA) Orders be changed or withdrawn?
The party who wants to change a PFA Order in some way may file with Family Court a form called a Motion to Modify, Extend or Rescind Order of Protection from Abuse (form # 456). The motion form and assistance is available at the Resource Center in the Family Court buildings in Kent and Sussex Counties and at Family Court Intake in the New Castle County Courthouse.
The Court may modify a non-consent order only if the party asking for the modification proves that there is a good reason for the change. The Court may modify a consent order if both parties agree or if the respondent has been found in contempt of the consent order.
Can I appeal the Court's decision?
Orders entered by a Commissioner may be appealed to a Judge of the Family Court by filing a Request for Review of a Commissioner's Order. Appeals from Commissioner's orders must be filed with the Family Court within thirty (30) days of the order. Orders entered by a Judge may be appealed to the Delaware Supreme Court. A Notice of Appeal form must be filed within thirty (30) days of the Family Court Judge's order.
What happens after the Protection From Abuse (PFA) Order expires?
To get relief that extends beyond the expiration of the PFA order, either party may file for custody, visitation, child or spousal support, or divorce and property division. Forms for these petitions are available from the Clerk of the Family Court.
What is a Protection From Abuse (PFA) Rule to Show Cause Hearing?
A PFA Rule to Show Cause hearing is a review hearing before a Family Court Commissioner in which a PFA Respondent would need to show cause as to why he/she has or has not followed through with the recommendations of the DVCC certified agency. If the Respondent has followed through with the recommendations of the DVCC certified treatment, the Respondent shall provide the appropriate documentation at the PFA Rule to Show Cause Hearing. See the frequently asked questions section for more information on this topic.
Help and Support
Help and Support is available from the following sources. For additional services, please see the service provider listing.
New Castle County 255-0300
Kent County 672-1000
Sussex County 855-7400
24-hour Domestic Violence Hotlines:
New Castle County 762-6110
Kent & Sussex Counties 422-8058
New Castle County Crisis Hotline 761-9100
Kent & Sussex Crisis Hotline (800) 262-9800
Child Abuse Hotline (800) 292-9582
Victim Advocacy Programs:
New Castle County 255-0420
Kent County 672-1075
Sussex County 856-5843
Delaware Coalition Against Domestic Violence (800) 701-0456
Domestic Violence Coordinating Council 255-0405
New Castle County 255-0112
Kent County 739-4211
Sussex County 856-5353
New Castle County 478-8680
Kent County 674-8500