Sexual Violence Protection Orders
Quick Escape
Sexual Violence Protection Orders
What is a Sexual Violence Protective Order (SVPO)?
A Sexual Violence Protective Order is a court order that requires the perpetrator (Respondent) to stay away from a victim (Petitioner) of rape or other sexual violence. This civil remedy is available for petitioners who would not qualify for a Protection from Abuse order (PFA) because there is no family or dating relationship between the victim and the perpetrator and where the respondent is at least 18 years of age.
Who can file a Sexual Violence Protection Order?
A person who is a victim of non-consensual sexual conduct, or a person who is acting on behalf of any of the following victims of non-consensual sexual conduct:
- A minor child;
- A vulnerable adult;
What is sexual violence?
Sexual violence is sexual conduct without the consent of the other person or when the other person is unable to give consent.
Pursuant to 10 Del. C. §7202, Sexual Conduct means conduct which constitutes the following:
- Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing.
- Any intentional or knowing display of the genitals, anus, or breasts for the purpose of arousal or sexual gratification of the respondent.
- Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by the respondent or another person.
- Any forced display of the petitioner’s genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others.
- Any intentional or knowing touching of a clothed or unclothed body of a child under the age of 12, or of age 16 if the respondent is more than 4 years older than the child, if done for the purpose of sexual gratification or arousal of the respondent or others.
- Any coerced or forced touching or fondling by a child under the age of 12, or of age 16 if the respondent is more than 4 years other than the child, directly or indirectly, including through the clothing, of the genitals, anus, or breasts of the respondent or others.
- Any other sexual conduct which a reasonable person would find threatening or harmful.
If You Want to File for a Sexual Violence Protection Order
How does someone file a Petition for Sexual Violence Protective Order (SVPO)?
A Petition for Sexual Violence Protective Order will need to be filed in person with the Superior Court’s Prothonotary Office in the county where the victim resides, the perpetrator resides, or the county in which the non-consensual conduct occurred. The operating hours per location are as following:
New Castle County
Leonard L. Williams Justice Center
500 N. King Street
Suite 500
Wilmington, DE 19801
302-255-0800
Hours: Monday-Friday
8:30 a.m. to 4:30 p.m.
Kent County Courthouse
414 Federal Street
Room 140
Dover, DE 19901
302-735-1900
Hours: Monday-Friday
8:15 a.m. to 4:30 p.m.
Sussex County Courthouse
1 The Circle, Suite 2
Room 214
Georgetown, DE 19947
302-855-7055
Hours: Monday-Friday
8:30 a.m. to 4:30 p.m.
You are not required to have a lawyer to request a Sexual Violence Protective Order. However, you can have a lawyer represent or help you if you wish. Victims under the age of 18 but at least 16 years of age may ask the Court to appoint a Guardian Ad Litem to assist with the petition.
There is no filing fee associated with Petitions for a Sexual Violence Protective Order.
The following forms are required to be filed with the Court and can be provided by Superior Court staff or printed from the Superior Court’s website by clicking the links below:
- Petition for Sexual Violence Protective Order (Non- Emergency and Emergency)
- Addendum Sheet to Original Petition for Sexual Violence Protective Order
If the person filing believes they are in immediate danger of sexual violence, they may ask for an emergency (ex parte) hearing to be heard withing 72 hours of the filing of the petition.
What happens at an Emergency Hearing?
A judicial officer will review the petition to determine if a Temporary Sexual Violence Protective Order should be issued. The judicial officer may ask you some questions. The respondent will not be present for this hearing.
If a Temporary Sexual Violence Protective Order is issued, the victim will receive a certified copy of the Order before leaving the courthouse, and a date for a full hearing will be provided. The Temporary Sexual Violence Protective Order it will remain in effect until the next Court proceeding date. The perpetrator will be served a copy of the Order and notified of the full hearing date. The full hearing must be held within fifteen (15) days of the temporary order being issued. The Court may extend the temporary Order as needed to ensure the perpetrator is served, or where necessary to ensure the protection of the petitioner, but the duration of the temporary Order may not exceed 45 days.
What happens at a Full Hearing?
A judicial officer will review the Petition for Sexual Violence Protective Order and will have questions for the victim and perpetrator. Both parties have the right to be heard, to present evidence and to cross-examine witnesses.
If the Court finds that the petitioner has been the victim of non-consensual sexual conduct, and the facts support petitioner’s reasonable fear of future harm, the Court will issue a Sexual Violence Protective Order.
If an Order is issued, both parties will receive a certified copy of the Order before leaving the courthouse.
If the Court does not find that the petitioner has been the victim of non-consensual sexual conduct, and the facts do not support petitioner’s reasonable fear of future harm, the Court will not issue a Sexual Violence Protective Order, and it will vacate any temporary Sexual Violence Protective Order that was in effect.
Consent Order
If both parties knowingly and voluntarily agree to the entry of a Consent Order on a Petition Seeking Sexual Violence Protective Order against the respondent, a hearing will be held and a judicial officer will review each party’s rights, and the effect of the Consent Order. In light of the agreement, an Order will be issued and both parties will receive a certified copy of the Order before leaving the courthouse.
What happens if the Respondent was notified of the Hearing but Does Not Appear for the Hearing?
If a respondent is not present for a hearing, and the Court issues a Sexual Violence Protective Order, that Order will be served immediately upon the respondent by personal service, any form of mail, or in any manner directed by the Court.
What do Sexual Violence Protective Orders usually say?
SVPO’s may provide for any or all of the following relief:
- Restraining the respondent from contacting or attempting to contact the petitioner, including by non-physical contact, either directly or indirectly through a third party.
- Restrain the respondent from the petitioner’s residence, workplace, school, or other institution where the petitioner may be.
- Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance and location.
- Order the respondent to relinquish to a police officer, or a federally-licensed firearms dealer located in Delaware, the respondent’s firearms and to refrain from purchasing or receiving additional firearms for the duration of the order.
- Direct a law-enforcement agency having jurisdiction where the respondent resides, or the firearms or ammunition are located, to immediately search for and seize any firearms or ammunition owned, possessed, or controlled by the respondent.
- Order the respondent to undergo a drug, alcohol, or mental health assessment approved by the Sex Offender Management Board.
- Grant any other reasonable relief necessary or appropriate for the protection of the petitioner.
How long are Temporary Sexual Violence Protective Orders in Effect?
The initial duration of a Temporary Sexual Violence Protective Order is until the date of the full hearing. The Court must hold a full hearing within 15 days.
The order and full hearing date may be extended for the following reasons, but may not exceed 45 days:
- To accomplish service of process on the respondent;
- To ensure the protection of the petitioner.
How long are Sexual Violence Protective Orders in Effect?
A Sexual Violence Protective Order is in effect up to three (3) years.
Extension of a Sexual Violence Protective Order (SVPO)
A victim may request a renewal of a Sexual Violence Protective Order at any time within three (3) months prior to the expiration of the original Order. The court will provide notice to all parties and a hearing will be held. The following form is required to be filed with the Court and can be provided by Superior Court staff or printed from the Superior Court’s website by clicking the link below:
Petitioner’s Request to Renew the Sexual Violence Protective Order
If You Are the Respondent
How do respondents know when a Petition for a Sexual Violence Protective Order is filed against them?
If you are named as a respondent in a Petition for a Sexual Violence Protective Order, you will receive a copy of the petition, notice of the date, time, and location of the full hearing, and a copy of the temporary order if a temporary order was issued.
If the petitioner has requested that their address be confidential, that information will not be included in the respondent’s copy of the petition.
What happens if someone disobeys a Sexual Violence Protective Order?
The victim may call the police. The police officer will determine if a violation of the Sexual Violence Protective Order has occurred. The perpetrator may be charged with a criminal contempt of a Sexual Violence Protective Order; a class A misdemeanor or class F felony depending on the offense.
Early Termination of a Sexual Violence Protective Order
A respondent subject to a Sexual Violence Protective Order may submit one (1) written request at any time during the effective period of the order for a hearing to terminate the order. The court will provide notice to all parties and a hearing will be held. The respondent must prove that the respondent no longer poses a danger of causing the petitioner harm. The following form is required to be filed with the Court and can be provided by Superior Court staff or printed from the Superior Court’s website by clicking the link below:
Respondent’s Request to Terminate Sexual Violence Protective Order
Can I appeal the Court’s decision?
Within 10 days after being served with a copy of proposed findings and recommendations issued by a Commissioner any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Superior Court. The following form is required to be filed with the Court and can be provided by Superior Court staff or printed from the Superior Court’s website by clicking the link below:
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 Superior Court Judge's order.
Help and Support
Help and Support is available from the following sources.
