How to Get a Restraining Order in Delaware: Process, Proof & Timeline

Delaware Calls It a PFA, Not a Restraining Order

If you're searching for a "restraining order" in Delaware, the form you actually need is called a Protection From Abuse (PFA) order. Delaware's Family Court issues PFAs under Title 10 of the Delaware Code — specifically 10 Del. C. §§ 1041–1049 — and the process runs entirely through the Family Court, not civil or criminal courts. Knowing the correct name from the start saves time when you walk into the courthouse or pull up the official forms online.

Who Qualifies: Covered Relationships and What Counts as Abuse

Not every conflict between two people qualifies for a PFA. Delaware law limits PFA protection to specific relationships, and the exact list — along with the legal definition of "abuse" — is set out in 10 Del. C. § 1041. Covered relationships generally include people who are connected by marriage, a shared child, or a household, but the statute controls. If you're unsure whether your situation qualifies, the Family Court's self-help resources at courts.delaware.gov/family/pfa/ can help you assess before you file.

The statutory definition of abuse is broader than physical violence alone. Because the exact text of § 1041 is dense legal language, the most reliable approach is to review it on the official Delaware Code website or ask the court clerk which types of conduct are covered. Clerks cannot give legal advice, but they can point you to the correct form and checklist.

The Two Stages: Emergency (Ex Parte) and Final PFA

Delaware's PFA process has two main stages. Understanding both helps you know what to bring and what to expect at each step.

Stage 1 — The Emergency Ex Parte Order

An ex parte order is granted without the other person present. You describe the abuse to a judge, who decides on the spot whether immediate protection is warranted. Because the other side has not yet been notified, the judge's focus is on whether the facts you present justify emergency relief.

If the court grants the request, the emergency PFA takes effect immediately and lasts up to approximately 15 days — enough time to reach a full hearing. If the trial must be rescheduled, the order can be extended toward 30 days. Either way, it remains in effect until the next scheduled court proceeding, called a Case Review or trial.

Time-sensitive: The ex parte hearing is held the same day you file or the next business day. Emergency requests submitted after 3:30 p.m. are heard the following business morning. If you're in danger late in the day, filing first thing the next morning keeps the delay to a minimum.

Stage 2 — The Final PFA Hearing

At the full hearing, both sides appear before a judge. The court grants a final PFA if it finds, by a preponderance of the evidence, that domestic violence occurred. Preponderance of the evidence means "more likely than not" — a lower bar than the "beyond a reasonable doubt" standard used in criminal trials. A respondent may also agree to the order without admitting the underlying allegations.

If a final PFA is granted, relief is for a fixed period generally not to exceed one year. No-contact and protective provisions specifically can last up to two years. Where aggravating circumstances exist, the court may extend no-contact relief even further — up to and including a permanent order. What qualifies as an aggravating circumstance is determined case by case; confirm current standards directly with the Family Court or a Delaware attorney.

How to File: Your Two Options

Delaware offers two ways to start a PFA case:

• In person at Family Court: You can file during regular court hours, 8:30 a.m. to 4:30 p.m. The Family Court serves all three of Delaware's counties — New Castle, Kent, and Sussex. Clerks can help you find the right forms, though they cannot advise you on the strength of your case.
• By email: The Family Court accepts completed PFA petition forms submitted by email. This option matters if you cannot safely leave your home or if transportation is a barrier. The specific email address and submission instructions are posted on the court's official PFA page at courts.delaware.gov/family/pfa/.

Whichever method you use, fill out the petition with as much specific detail as possible — dates, descriptions of each incident, and any available evidence (photos, text messages, medical records). Specificity helps the judge evaluate the risk quickly.

What You Can Do in Delaware — Step by Step

1. Confirm you qualify. Review the covered relationships and the definition of abuse in 10 Del. C. § 1041, or check the Family Court self-help page at courts.delaware.gov/family/pfa/.
2. Get the forms. Download the PFA petition from the Family Court website or pick one up at any Family Court location. Complete every section with specific dates and details.
3. File before 3:30 p.m. if you need emergency protection the same day. Requests received after 3:30 p.m. are heard the following business morning. File in person (8:30 a.m.–4:30 p.m.) or email the completed forms to the court.
4. Attend the ex parte hearing. A judge will review your petition the same day or the next business day. If the order is granted, you receive a copy on the spot. Keep it with you at all times.
5. Prepare for the final hearing. You will receive a date for a Case Review or trial, scheduled within the window covered by the temporary order. Gather corroborating evidence — saved messages, dated photos, police or medical records — and identify any witnesses.
6. Attend the final hearing. Present your case. If the judge finds abuse by a preponderance of the evidence, a final PFA can be issued for up to one year, with no-contact provisions potentially lasting up to two years or, with aggravating circumstances, permanently.
7. Keep copies and know your rights across state lines. Store a copy at home, in your car, and at work. Give one to your children's school if relevant. Your Delaware PFA travels with you — see the section below.

Your PFA Is Enforceable in Every State

A Delaware PFA does not stop at state borders. Under the Violence Against Women Act (VAWA), 18 U.S.C. § 2265, a valid protection order issued in any state, tribe, or territory must be honored and enforced in every other U.S. jurisdiction as if it were issued there. You do not need to re-register or re-file the order when you cross into another state.

Federal law under 18 U.S.C. §§ 2261A and 2262 also makes it a federal crime to cross state lines to stalk an intimate partner or to violate a protection order. If an abuser follows you across state lines in violation of your PFA, that conduct can be prosecuted in federal court — on top of any state charges. Contact local law enforcement immediately if you believe the abuser is traveling toward you in violation of the order, and tell them you hold an out-of-state protection order covered by VAWA.

Practical Tips to Strengthen Your Case

• Save text messages, voicemails, and emails before you file. Screenshot them and store copies somewhere the abuser cannot access — a trusted friend's device or a separate cloud account.
• If police have been called to prior incidents, note the approximate dates and any report numbers. Law enforcement records can corroborate your account at the hearing.
• If you have children and incidents have affected them, be prepared to describe this. The court may include child-protective provisions in the order.
• If your workplace or your children's school is a potential contact point, tell the judge — the PFA can include stay-away provisions for those locations.
• If you need help with safety planning before or during the process, Delaware's domestic violence service providers can assist. The Family Court's self-help resources at courts.delaware.gov/family/pfa/ can also point you toward local advocacy organizations.

After the Order: Violations and Expiration

If the respondent violates the PFA at any point, call 911. Violation of a PFA is a criminal matter, handled separately from the Family Court case, and law enforcement in Delaware — and in any other state — is required to treat it seriously. Present your copy of the order to officers if needed.

If the order is approaching its expiration and the threat continues, contact the Family Court before the current order expires to ask what options may be available. Court staff can point you to the correct forms and procedures and explain any applicable deadlines.

This article is for general informational purposes only and is not legal advice. Consult a licensed Delaware attorney or the Family Court's self-help resources for guidance specific to your situation.