(a) A petitioner may request an emergency protective order by filing an affidavit or verified pleading alleging that there is an immediate and present danger of domestic violence to the petitioner or to a minor child of the petitioner or to an adult who is impaired.
(b) An emergency protective order may be issued on an ex parte basis, that is, without notice to the respondent, where the petitioner certifies in writing the efforts, if any, which have been made to give notice to the respondent or the reasons supporting the claim that notice should not be required.
(c) An emergency hearing held on an ex parte basis shall be held the same day that the petition is filed or the next day that the Court is in session. All other emergency hearings shall be scheduled for an expedited hearing within 15 calendar days after the petition is filed.
(d) In any case in which an ex parte protective order has been issued, a full hearing shall be held within 15 days. The Court may extend an ex parte order as needed, but not to exceed 30 days, to effectuate service of the order or where necessary to continue protection.
(e) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title.
(f) In those cases where the respondent is not present for the hearing, or where the hearing is held ex parte, any protective order issued shall be served immediately upon the respondent, in accordance with § 1065 of this title. A certified copy of the order shall also be given to the petitioner after the hearing, before leaving the courthouse. If the order recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service of the order is not necessary; in those cases, the respondent shall be given a copy of the order before leaving the courthouse.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE
§ 1002. Delinquent child not criminal; prosecution limited [Effective until Apr. 3, 2023].
§ 1002. Delinquent child not criminal; prosecution limited [Effective Apr. 3, 2023].
§ 1003. Commencement; parties.
§ 1004. Duties of officer having child in custody.
§ 1004A. Juvenile Offender Civil Citation Program.
§ 1005. Other courts; issuance of warrants; powers and duties.
§ 1006. Process; service; return; interim order; investigation.
§ 1007. Disposition of child pending adjudication; payment for care [Effective until Apr. 3, 2023].
§ 1007. Disposition of child pending adjudication; payment for care [Effective Apr. 3, 2023].
§ 1007A. Determination of competency of child.
§ 1007B. Use of restraints on a child.
§ 1007C. Appointment of counsel for juveniles [Effective until Apr. 3, 2023].
§ 1007C. Appointment of counsel for juveniles [Effective Apr. 3, 2023].
§ 1008. Committee on Dispositional Guidelines for Juveniles.
§ 1009A. Probation before adjudication of delinquency.
§ 1010. Proceeding against child as an adult; amenability proceeding; referral to another court.
§ 1011. Transfer of cases from Superior Court to Family Court.
§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.
§ 1014. Juvenile expungement; statement of policy.
§ 1015. Filing an expungement petition.
§ 1016. Definitions applicable to juvenile expungements.
§ 1017. Mandatory expungement.
§ 1017A. Mandatory expungement; automatic.
§ 1018. Discretionary expungement.
§ 1019. Effect of expungement; disclosure of expunged records.
§ 1021. Prosecution of adults; process; bail.
§ 1022. Duties of other courts.
§ 1024. First offenders domestic violence diversion program.
§ 1025. Expungement of adult police and court records.
§ 1042. Commencement of action; procedure.
§ 1043. Ex parte orders and emergency hearings.
§ 1044. Nonemergency hearings.
§ 1045. Relief available; duration of orders, modification and termination.
§ 1046. Enforcement; sanctions for violation of order.
§ 1047. Nonpreclusion of remedies.
§ 1049B. Judicial enforcement of order.
§ 1049C. Nonjudicial enforcement of order.
§ 1049D. Registration of order.
§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.
§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court.
§ 1049K. Registration of Canadian domestic-violence protection order.
§ 1049N. Uniformity of application and construction.
§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.
§ 1052. Appeals from custody orders.
§ 1053. Appeals by the State in Family Court cases.
§ 1061. Examination; treatment; payment.
§ 1062. Assignment of prosecutors and public defenders.
§ 1063. Proceedings; privacy, informality.
§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses.
§ 1065. Obtaining personal jurisdiction.
§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.