Delaware Domestic Violence Laws

In Delaware, a person who commits domestic violence can face arrest, criminal charges, incarceration, protection orders, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding Delaware's laws on the issue. Read on to learn how the state addresses domestic violence, what crimes qualify as domestic violence, and the penalties and consequences for harming a partner or family member.

What Is Domestic Violence in Delaware?

Delaware defines "domestic violence" as any of the following abusive acts committed by or against a "partner or family member": physical violence, sexual assault, threatened or attempted violence, stalking, trespassing, unlawful restraint, psychological or emotional abuse, and economic control.

Partners and family members include:

• current and former spouses
• current and former dating partners
• persons cohabitating and living as a couple
• persons who share a child in common
• parents and children (including step and in-law relations), siblings, and grandparents and grandchildren, and
• other family members related by blood, marriage, or adoption when residing together.

Protection from abuse. A victim of domestic violence can ask a judge for an order of protection from abuse (or PFA). A PFA directs the abusing party to stop the abuse, stay away from the victim, and move out of a shared residence. Violating a PFA is a crime, punishable as a class A misdemeanor. Harsher penalties may also apply (as discussed below).

(Del. Code tit. 10, §§ 901, 1041, 1045, 1046 (2024).)

Is Domestic Violence a Crime in Delaware?

Delaware doesn't have a separate crime of domestic violence. But judges can impose harsher punishments for a crime when domestic violence is involved. Take the following examples.

• Delaware's sentencing guidelines permit aggravated punishment for domestic violence crimes and crimes committed in the presence of a child.
• Aggravating factors that can also result in a harsher sentence include prior abuse of the victim and committing domestic violence against a child.
• Certain crimes carry stiffer penalties when the defendant committed the offense against a pregnant woman or in violation of a PFA or other domestic violence protective order.

Common examples of domestic violence-related offenses include assault, terroristic threats, harassment, strangulation, offensive touching, stalking, reckless endangering, and menacing.

Delaware offers certain first-time domestic violence offenders a chance for diversion upon agreeing to certain conditions. These conditions include enrolling in and completing a certified domestic violence treatment program and a substance abuse treatment program (if needed).

(Del. Code tit. 10, § 1024; tit. 11, §§ 605, 606, 607, 612, 1312 (2024).)

What Are the Penalties for Criminal Contempt of a Domestic Violence Protective Order in Delaware?

A defendant who violates a domestic violence protective order or PFA commits criminal contempt. A violation carries class A misdemeanor penalties unless the defendant injured the victim or used or threatened to use a deadly weapon or firearm. In these cases, the penalty increases to a class F felony and the judge must order the defendant to serve at least 15 days behind bars. This minimum sentence also applies to defendants who repeatedly violate protective orders.

(Del. Code tit. 11, § 1271A (2024).)

Arrest, Bail, and Firearm Provisions in Delaware Domestic Violence Cases

Delaware imposes arrest and bail requirements for certain domestic violence charges. Those subject to a PFA or who've been convicted of domestic violence will also face firearm restrictions.

Arrest for Domestic Violence Charges

Anyone arrested for a misdemeanor involving physical injuries or threatened harm to a victim can be arrested by an officer without a warrant. The law requires police to arrest any suspect believed to have violated a PFA or other protective order. Before releasing a suspect, the police must bring them before a judge to set bail and conditions of release.

(Del. Code tit. 10, § 1046; tit. 11 § 1904 (2024).)

Bail for Domestic Violence Charges

Delaware law requires suspects charged with domestic violence offenses to pay cash bail for pretrial release. The judge should also consider whether the defendant poses a risk of future harm to the alleged victim when ordering conditions of pretrial release.

(Del. Code tit. 11, §§ 2104, 2107 (2024).)

Firearm Restrictions in Domestic Violence Cases

Delaware and federal laws prohibit firearm possession by defendants convicted of any felony or a misdemeanor crime of domestic violence. Individuals subject to a protective order are also prohibited from possessing firearms while the order is in effect.

Violating this firearm prohibition carries class D felony penalties under Delaware law. This penalty increases to a class C felony when the defendant has certain prior convictions. Federal penalties may also apply.

(Del. Code tit. 10, §§ 1044, 1045; tit. 11, § 1448; 18 U.S.C. § 922 (2024).)

Talk to a Lawyer

If you face domestic violence charges or were served with a protective order, talk to a criminal defense attorney right away. A lawyer can help you understand what's at stake, protect your rights, and vigorously defend your case.