By: Megan Rush Walstrom, ESQ.

He calls you several times a day. She shows up at places where she thinks you will be. He sends threatening text messages when you don’t return his calls. She lurks outside your place of employment. What can you do?

The first thing you should always do is contact the police if you or your children are in imminent danger or if someone is harassing you and/or making threats to harm you. If after the police investigate and the abuser is criminally charged, the Courts may enter a “No Contact” order as part of the bail conditions pending trial on the charges.  But what options do you have if the police cannot find enough evidence to criminally charge the abuser? You can file a Petition For Order of Protection From Abuse in the Family Court, or “PFA”.

Who can file a PFA? Delaware law has defined what class of people can seek protective orders in Family Court. Family members, (for example, husband and wife, mother and child, in-laws) can file as can parties whom have children in common, former spouses, and people who live together and hold themselves out as a couple. Delaware has recently modified the law to permit people who are in a substantive dating relationship to seek protective orders in the Family Court.

What constitutes abuse for purposes of seeking a PFA? Many victims of domestic violence and abuse are hesitant because they think that if they do not have bruises on them that evidence the abuse, the Court will not grant them relief. That is simply not the case. Abuse can be verbal. It can be constantly belittling a person or constantly yelling at them using profanity. Damaging someone’s property and trespassing can be abuse. Stalking can be considered abuse. The Delaware Code defines abuse at 10 Del. C. §1041 (1) for purposes of seeking protective orders in Family Court.

What relief can you seek as part of the PFA? You can ask that your location remain confidential so that the abuser cannot find you. You can also seek the following:

1. That the abuser be prohibited from committing any further acts of abuse
2. That the abuser be ordered to stay away from you, your residence and your place of employment.
3. That the abuser be prohibited from contacting you in anyway, or contact can be limited to matters regarding children or finances.
4. Exclusive possession of a residence you share with the abuser
5. Compensation for losses you may suffer such as property damage.
6. Temporary child support and/or support for yourself.
7. Temporary custody of children you have in common with the abuser.
8. Possession of other property such as a car or bank account.
9. That the abuser be ordered to take domestic violence classes, complete a mental health or substance abuse evaluation.

What happens after you file a PFA and how long do they last? Once you file a Petition for Protection from Abuse your Petition will be scheduled for a hearing before one of the Commissioners in the Family Court. The day of your hearing, a Family Court mediator may speak to you and the abuser separately to see if they can assist you in reaching an amicable solution. The abuser may agree to a Consent PFA whereby they do not admit that any abuse has taken place, but that they will stay away from you. Any other agreements you can reach regarding the relief specifically sought in the Petitioner can also be addressed. If the parties cannot reach an agreement, the matter will proceed to a hearing. You will have to testify about the abuse in the Petition and call any witnesses that you may have on your behalf. The protective orders entered by the Family Court on Petitions for Protection From Abuse are typically in place for one year. By agreement, the parties can agree to a lesser period of time. Orders can be extended if a party motions the Court and the Court deems it necessary, as in cases where there have been violations of the protective order. Because the orders are only temporary, you are urged to file separate petitions to address such issues as custody and child support to secure permanent orders.

What if you need immediate relief and cannot wait until the Court hearing? When you file your Petition, you can file an Affidavit for Priority Scheduling or Ex Parte Order. You can ask that the Court enter a temporary no contact order without the abuser being notified because you need immediate relief  and if that relief is not awarded, substantial harm will happen to you.

If you are not sure as to whether or not your own situation warrants a protective order, you should contact an experienced attorney. Having an attorney to represent you through the PFA process can be helpful especially if the issues of custody and child support need to be address-ed. There are also many victims assistance programs in the State of the Delaware that offer a wide array of support services for victims of domestic violence.

For more information or to schedule a consultation, contact Attorney Megan Rush Walstrom at Rahaim & Saints by calling (302) 832-1410.

At the Wilmington and Newark law offices of Rahaim & Saints, our Delaware divorce attorneys have over 25 years experience in the negotiation and litigation of family disputes at all levels of Family Court. In addition, we are committed to a personal, client-focused practice with frequent case updates, promptly returned phone calls and clear communication at all times.

The expense and frustration of a family dispute is sometimes overwhelming. At Rahaim & Saints, our family lawyers offer a compassionate practice and affordable rates – just ask the countless satisfied clients who have referred their friends and families to our firm. If you are facing serious questions related to a divorce, alimony, custody, child support, paternity testing or another area of family law, contact the Wilmington or Newark offices of Rahaim & Saints today for a consultation and review of your rights under DE Domestic law.

With offices located in Wilmington and Newark Delaware, our attorneys at Rahaim & Saints offer legal advice and trial representation on a diversified range of legal topics, including divorce, bankruptcy and drunk driver (DUI) defense. We have helped our clients throughout the state of Delaware.