How to Get a Protection From Abuse Order in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated September 17, 2026
In Delaware, a Protection From Abuse order, called a PFA, is a civil order from the Family Court that directs an abuser to stop the abuse and stay away from you, issued under the Protection From Abuse law (10 Del. C. 1041 and following). You seek one when a family member, a former spouse, a current or former dating or cohabiting partner, or a co-parent has abused, threatened, stalked, or harassed you. You file a verified Petition for Protection From Abuse with the Family Court in the county where you live, where the abuser lives, or where the abuse happened (10 Del. C. 1042). A domestic violence victim pays no filing fee for a PFA. If there is an immediate and present danger of domestic violence, a judge can grant an emergency order on an ex parte basis, without the other person present, the same day you file or the next court day (10 Del. C. 1043). When an ex parte order is issued, a full hearing must be held within 15 days (10 Del. C. 1043). At the hearing the judge decides whether to grant a final PFA, and its core no-abuse and no-contact protections can last up to two years and can be extended (10 Del. C. 1045). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in Delaware
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How do I get a Protection From Abuse order in Delaware?
File a verified Petition for Protection From Abuse with the Family Court in the county where you live, where the abuser lives, or where the abuse occurred (10 Del. C. 1042). A domestic violence victim is not charged a filing fee, and forms and staff help are available from the Clerk of the Court.
How fast can I get an emergency order in Delaware?
If you allege an immediate and present danger of domestic violence, a judge can grant an emergency PFA on an ex parte basis, without the other person present. An emergency hearing held ex parte is held the same day you file or the next day the Family Court is in session (10 Del. C. 1043).
How long does a Protection From Abuse order last in Delaware?
When a judge issues an ex parte PFA, a full hearing must be held within 15 days, and the court may extend the ex parte order but not beyond 30 days (10 Del. C. 1043). After the hearing, a final PFA's core protections can last up to two years and can be extended (10 Del. C. 1045).
Which court handles Protection From Abuse orders in Delaware?
The Family Court of the State of Delaware hears PFA petitions. You can file in any county where you live, where the person you want protection from lives, or where the domestic violence occurred (10 Del. C. 1042). Forms and instructions are available from the Clerk of the Court in each county.
Delaware Protection From Abuse law at a glance
In Delaware, a Protection From Abuse order, or PFA, protects you from abuse by a family member, former spouse, dating or cohabiting partner, or co-parent, under the Protection From Abuse law (10 Del. C. 1041 and following). You file a verified Petition for Protection From Abuse with the Family Court, and a domestic violence victim pays no filing fee. If there is an immediate and present danger of domestic violence, a judge can grant an emergency order on an ex parte basis, without notice to the other person (10 Del. C. 1043). When an ex parte order is issued, a full hearing must be held within 15 days, and the ex parte order may be extended but not beyond 30 days (10 Del. C. 1043). A final PFA's core no-abuse and no-contact protections can last up to two years and can be extended (10 Del. C. 1045).
Getting a Delaware PFA after threats from a former partner
Because Delaware requires a full hearing within 15 days after an ex parte order, protection can move quickly. Suppose a former partner has been showing up at your home and sending threatening messages. You file a verified Petition for Protection From Abuse with the Family Court at no cost, alleging an immediate and present danger (10 Del. C. 1042, 1043). The same day, a judge grants an emergency PFA on an ex parte basis and sets a full hearing within 15 days. Law enforcement serves your former partner. At the hearing you show the messages and testify, and the judge grants a two-year PFA ordering no abuse and no contact (10 Del. C. 1045). You keep a certified copy and calendar the expiration to extend before it ends. Attorney review of your petition is available through DocDraft.
Relevant Laws
10 Del. C. 1043 (ex parte orders and emergency hearings)
Provides that an emergency protective order may be issued on an ex parte basis without notice to the respondent, that an emergency hearing held ex parte shall be held the same day the petition is filed or the next day the court is in session, and that in any case in which an ex parte order has been issued a full hearing shall be held within 15 days, with the court able to extend the ex parte order but not to exceed 30 days.
10 Del. C. 1045 (relief available; duration of orders)
Provides that relief shall be effective for a fixed period of time not to exceed 1 year, except that relief restraining the respondent from committing acts of domestic violence and from contact may be entered for a fixed period not to exceed 2 years, and that an order may be extended on motion of either party upon the required findings.
10 Del. C. 1042 (commencement of action; where to file)
Provides that a request for relief from domestic violence is initiated by filing a verified petition with the court, that a petition may be filed in any county where the petitioner resides, the respondent resides, or the domestic violence occurred, and that forms, instructions, and assistance from court staff are available from the Clerk of the Court.
10 Del. C. 1041 (definitions; protected class)
Defines domestic violence as abuse perpetrated against a member of a protected class, including family, former spouses, persons cohabiting and holding themselves out as a couple, persons with a child in common, and persons in a current or former substantive dating relationship, and defines who may be a petitioner.
Regional Variances
Delaware Protection From Abuse rules at a glance
Order name
Protection From Abuse order (PFA), issued under the Protection From Abuse law (10 Del. C. 1041 and following). It protects members of a defined protected class, including family, former spouses, cohabiting or dating partners, and co-parents.
Where to file
The Family Court of the State of Delaware, in any county where you live, where the person you want protection from lives, or where the domestic violence occurred (10 Del. C. 1042). A domestic violence victim is not charged a filing fee.
Emergency and temporary orders
A judge can issue an emergency PFA on an ex parte basis when there is an immediate and present danger of domestic violence. When an ex parte order is issued, a full hearing must be held within 15 days, and the ex parte order may be extended but not beyond 30 days (10 Del. C. 1043).
Final order duration
After the hearing, a final PFA's core no-abuse and no-contact protections can last up to 2 years, while other relief can last up to 1 year, and an order can be extended on motion of either party (10 Del. C. 1045).
Main form
A verified Petition for Protection From Abuse, filed with the Family Court. Forms, instructions, and help from court staff are available from the Clerk of the Court and on the Delaware Courts website at no cost (10 Del. C. 1042).
Suggested Compliance Checklist
Complete the Petition for Protection From Abuse
As soon as possible after the abuse days after startingFill out the verified Petition for Protection From Abuse, describing the abuse, your relationship, and specific dates. Forms, instructions, and help from court staff are available from the Clerk of the Family Court and on the Delaware Courts website at no cost. Attorney review of your petition is available through DocDraft.
File your petition with the Family Court
Same day you finish the forms days after startingFile the petition with the Family Court in the county where you live, where the other person lives, or where the abuse occurred (10 Del. C. 1042). A domestic violence victim is not charged a filing fee. Ask the clerk about requesting an emergency, ex parte order.
Request an emergency ex parte order if you are in danger
The day you file, if you are in danger days after startingIf you allege an immediate and present danger of domestic violence, ask for an emergency PFA on an ex parte basis (10 Del. C. 1043). An emergency hearing held ex parte is held the same day you file or the next day the court is in session. Note your full hearing date.
Arrange service on the other person
Before the full hearing days after startingThe respondent must be served with your petition and any ex parte order before the full hearing (10 Del. C. 1043). Law enforcement can serve the papers. Service gives the other person notice so the court can enter a final order at the hearing.
Attend the full hearing with your evidence
Within 15 days of an ex parte order days after startingWhen an ex parte order is issued, the full hearing must be held within 15 days (10 Del. C. 1043). Bring photos, messages, and any witnesses. Both sides can testify, and the judge decides whether to grant a final PFA. If you miss the hearing, your ex parte order can expire.
Track the expiration and extend if needed
Before the order expires (up to 2 years out) days after startingA final PFA's core no-abuse and no-contact protections can last up to 2 years (10 Del. C. 1045). Calendar the expiration date and file a motion to extend before it ends. The court can extend the order on the findings the statute requires, such as a violation or good cause.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition for Protection From Abuse | Fill out the verified Petition for Protection From Abuse, describing the abuse, your relationship, and specific dates. Forms, instructions, and help from court staff are available from the Clerk of the Family Court and on the Delaware Courts website at no cost. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the Family Court | File the petition with the Family Court in the county where you live, where the other person lives, or where the abuse occurred (10 Del. C. 1042). A domestic violence victim is not charged a filing fee. Ask the clerk about requesting an emergency, ex parte order. | - | Same day you finish the forms |
| Request an emergency ex parte order if you are in danger | If you allege an immediate and present danger of domestic violence, ask for an emergency PFA on an ex parte basis (10 Del. C. 1043). An emergency hearing held ex parte is held the same day you file or the next day the court is in session. Note your full hearing date. | - | The day you file, if you are in danger |
| Arrange service on the other person | The respondent must be served with your petition and any ex parte order before the full hearing (10 Del. C. 1043). Law enforcement can serve the papers. Service gives the other person notice so the court can enter a final order at the hearing. | - | Before the full hearing |
| Attend the full hearing with your evidence | When an ex parte order is issued, the full hearing must be held within 15 days (10 Del. C. 1043). Bring photos, messages, and any witnesses. Both sides can testify, and the judge decides whether to grant a final PFA. If you miss the hearing, your ex parte order can expire. | - | Within 15 days of an ex parte order |
| Track the expiration and extend if needed | A final PFA's core no-abuse and no-contact protections can last up to 2 years (10 Del. C. 1045). Calendar the expiration date and file a motion to extend before it ends. The court can extend the order on the findings the statute requires, such as a violation or good cause. | - | Before the order expires (up to 2 years out) |
Frequently Asked Questions
No. A victim of domestic violence is not charged a filing fee to obtain a Protection From Abuse order in Delaware. Federal law under the Violence Against Women Act bars charging a victim costs to obtain protection, and the Delaware Family Court's schedule of assessed costs reflects that a domestic violence victim bears no such costs.
Yes. If you allege an immediate and present danger of domestic violence, the Family Court can issue an emergency PFA on an ex parte basis, without notice to the other person (10 Del. C. 1043). An emergency hearing held ex parte is held the same day you file or the next day the court is in session.
You can file if the person who abused you is in a protected class: a family member, a former spouse, a current or former cohabiting or dating partner, or a co-parent (10 Del. C. 1041). The Division of Child Protective Services or Adult Protective Services can also file for a child or an impaired adult.
You file a verified Petition for Protection From Abuse with the Family Court. Forms and instructions are available from the Clerk of the Court and on the Delaware Courts website, and court staff or volunteers can help you fill out the papers at no cost (10 Del. C. 1042).
When an ex parte order is issued, a full hearing must be held within 15 days (10 Del. C. 1043). At the hearing, both sides can present evidence and testify. If the court finds by a preponderance of the evidence that domestic violence occurred, it grants a final PFA (10 Del. C. 1043, 1045).
Yes. A final PFA can be extended on a motion by either party (10 Del. C. 1045). The court extends an order after finding by a preponderance of the evidence that domestic violence has occurred since it was entered, that a violation occurred, that the respondent consents, or for good cause shown.
A PFA is a court order, and violating it can lead to arrest and criminal contempt. If the person violates the order, call the police and report every violation. Keep a certified copy of your PFA with you so any officer can confirm and enforce its terms without delay.
No. The Family Court process is designed for people to file on their own, with forms and instructions from the Clerk of the Court and help from court staff or volunteers (10 Del. C. 1042). A lawyer can help if the case is contested or the other side has an attorney.
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