(a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in the Court. The Court shall enforce the terms of the order, including terms that provide relief that the Court would lack power to provide but for this section. The Court shall enforce the order whether the order was obtained by independent action or in another proceeding if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the Court shall follow the procedures of this State for the enforcement of protection orders.
(b) The Court may not enforce a foreign protection order issued by the tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) The Court shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d) A foreign protection order is valid if it:
(1) Identifies the protected individual and the respondent;
(2) Is currently in effect;
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order, or in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) The Court may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) The tribunal of the issuing state made specific findings in favor of the respondent.
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.