exit siteSexual Violence Protective Order
Please refer to Delaware Superior Court’s Webpage for all forms and filing information. Both Community and Systems-based services are available for assistance with filing SVPO orders in Delaware. Please refer to any of the below toll-free hotlines and agencies for assistance with filing:
Delaware Police Victims Services: 1-800-VICTIM-1 (1-800-842-8461)
YWCA Delaware Sexual Assault Response Center (SARC): 1-800-773-8570
Contact Lifeline: 1-800-262-9800
1. Which type of order do I need?
- You may file for an SVPO if you are a victim of sexual violence and do not have a dating or familial relationship with the respondent - the person you are filing against. Sexual violence is outlined in Delaware law (10 Del. C. §7202); what is sexual conduct in the law?
- It is important that you consider which type of order you need before you file because each type of order is filed in different Courts in Delaware. Refer to this Brochure of the three types of protective orders offered in Delaware, which may be right for you, and where to file them.
2. Locate the Right Court
- SVPOs are filed in person in the Superior Court of Delaware. You must file at the Superior Court in the county where you live, where the respondent lives, or where the incident occurred (Court hours: 8:30am to 4:30pm):
- NEW CASTLE COUNTY: Leonard L. Williams Justice Center, 500 N. King Street Suite 500, Wilmington, DE 19801 302-255-0800
- KENT COUNTY: Kent County Courthouse, 414 Federal Street Room 140, Dover, DE 19901 302-735-1900
- SUSSEX COUNTY: Sussex County Courthouse, 1 The Circle, Suite 2 Room 214, Georgetown, DE 19947 302-855-7055
3. Complete the Petition
- Download or pick up the SVPO Petition from the Delaware Superior Court's website or the Courthouse located nearest to you. Refer to the Superior Court Fact Sheet for information about the Court process, legal terms and definitions, and what the requirements are for filing.
- Provide detailed information about the incident, including dates, times, and any evidence of the violence. Be as specific as possible to help the court understand your situation.
Submit - Do I need a Temporary Emergency Order?
- File your completed petition at the Superior Court. There is no cost to file, and the Social Services Specialist will ensure that the filing is complete and can answer questions you have about the Court process.
- If you feel that you are in immediate danger, you may request an emergency hearing on the same day that you file the petition. The Judicial Officer will review the filing and will decide whether to grant the emergency order (the Judicial Officer may ask you a few questions before doing so at the emergency hearing).
- If the emergency order is not granted, the petition will still go to a full hearing
- If the emergency order is granted, the petition will still go to a full hearing within 15 days of the temporary emergency order being granted.
- The Respondent will receive a copy of the filing, and the emergency order if it is granted.
5. Attend the Hearing
- The court will schedule a hearing and send the summons in the mail. Please make sure you keep your address up to date with the Court! You can update and confirm your address at the time of filing the SVPO petition.
- If you need to update your address after filing the petition, you may call the Courthouse to change your address:
- New Castle: (302) 255-0735
- Kent: (302) 735-1901
- Sussex: (302) 855-7055
- Please ensure enough travel time to get to the courthouse, and arrive 15 minutes early. Please dress appropriately; dress as you would for a job interview. When addressing the Judge, refer to them as ‘Your Honor’ and do not speak over anyone in the courtroom to make sure that the court record stays clear. Cell phones are allowed in the courthouse, but must be turned off during the hearing.
- At the hearing, both you and the alleged offender may present evidence and testimony. Bring any supporting documents, witnesses, or proof of the violence to strengthen your case. You may bring a support person or an advocate with you into the courtroom. Witnesses will only enter the courtroom when they are called to testify; they will have to wait outside of the courtroom for the rest of the hearing.
6. Obtain the Order
- If the court finds sufficient evidence, a Sexual Violence Protective Order will be issued. The order may include provisions such as prohibiting contact, requiring the offender to stay away from your home or workplace, and other necessary protections.
- If you have received an Order, always keep a copy of the protective order with you.
- If the order is violated, contact law enforcement immediately.
- SVPOs may be issued for a specific duration but can often be renewed. File a renewal request at least two weeks before the order expires if needed.
- If the order is not issued, there are still options to protect your safety. There are many services listed on the Court Website; CLICK HERE to access the list of legal and advocacy-based services.
7. Enforce and Renew the Order
- Always keep a copy of the protective order with you.
- If the order is violated, contact law enforcement immediately.
- SVPOs may be issued for a specific duration but can often be renewed.
File a renewal request before the order expires if needed.
