(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court.
(b) Notice shall be given to the committing magistrate of the time and place of hearing. The prisoner may deny the alleged contempt, under oath. The court or judge may remand or discharge the party.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 6901. Jurisdiction to grant writs.
§ 6902. Persons entitled to writs; exceptions.
§ 6903. Person committed for contempt; notice of hearing.
§ 6904. Custody of minor child.
§ 6906. Award and service of writ.
§ 6907. Method of service; return.
§ 6909. Discharge generally; defects in commitment.
§ 6912. Reduction of excessive bail.
§ 6914. Delivering copy of warrant or process; penalty.
§ 6915. Returning writ and producing body; violations and penalties; compelling production.
§ 6916. Evasion of writ; penalty.
§ 6917. Rearrest of discharged person for same offense; exceptions.