Domestic violence issues arise frequently in Delaware family law. A victim of domestic violence should know that they can seek an immediate Protection from Abuse (PFA) Order to safeguard themselves and their children. In an emergency, a victim can and should request an order barring the abuser from having any contact with them. Emergency PFA Orders in Delaware can grant temporary possession of the home and custody, among other forms of relief. These orders typically remain in place until a final hearing on the merits.
After filing for a PFA in Delaware, a domestic violence victim should work closely with their Delaware family law attorney to gather evidence. This may include subpoenaing police officers or medical providers. Common forms of evidence include text messages, video or audio recordings, and photographs.
Before the final hearing, the victim may consider negotiating a consent PFA Order with the other party. While a consent order does not include a legal finding of wrongdoing, it carries the same legal weight as one issued after a full hearing. Consent orders can give the victim greater control over key matters such as temporary possession of the family home, custody of children, and financial support.
Importantly, a Delaware PFA Order prohibits the person subject to the order from owning or possessing firearms while it is in effect. Violating a PFA Order is a criminal offense and can lead to serious legal consequences.
If you have questions about domestic violence legal protection in Delaware, contact Patrick J. Boyer, Delaware family law attorney. Patrick represents clients in a range of matters including domestic violence cases, divorce in Delaware, property division, alimony, child custody and visitation, and child support. He also advises clients on guardianship and third-party visitation. Patrick practices out of the firm’s Centreville, Delaware office.
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