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Equal Access To Justice How to Complete a Petition for Order of Protection From Abuse Information for Victims of Domestic Violence Delaware law provides for protection of victims of domestic abuse through the Protection From Abuse (PFA) statute. With this law, victims can go to the Family Court for an order that requires the abuser to stop committing abuse and to compensate the victim for abuse. This page provides instructions on completing the Petition for Order of Protection From Abuse, the form a victim must file with the Family Court to get a PFA order. This is not a substitute for legal advice, which a victim can get from an attorney who is a member of the Delaware Bar. For more information on speaking with a lawyer about your case, call the Legal Helpline at 1-800-494-1913 or 478-8850 in New Castle County. The Petition For Order Of Protection Of Abuse The Family Court provides a form which a victim can use to start a PFA proceeding. It is called the "Petition For Order Of Protection Of Abuse". The Family Court has a copy of the form available online. If you have Adobe Acrobat CLICK HERE to obtain a copy of the Form 450 Petition For Order Of Protection Of Abuse. The abuse victim is known as the "Petitioner". The abuser is known as the "Respondent". If you are the victim, fill in the box noted as "Petitioner's (Applicant's) Name". You should also print a home address in this box, unless you wish to keep the home address confidential from the Respondent. If a child is a victim of the Respondent, write the child's name in the Petitioner's box. You must also print the name and address of the Respondent in the box provided. The address printed should be that of the Respondent's home. Do not use a post office box address. Remember that the Family Court will use this address to contact the Respondent. If the Respondent cannot be contacted at this address, your petition might be dismissed and you will not get a PFA order. The boxes noted "File No(s)" and "CPI No(s)" will be filled in by Family Court staff. Item 1: Relationship. You can only get a PFA order against someone who has a particular relationship with you. The relationships covered by the PFA are the following: husband and wife (spouses); former spouses; a man and a woman living together in a home; a man and a woman living separate and apart with a child in common; custodian and child; persons related by blood or marriage who reside in one home under one head; mother; father; mother-in-law; father-in-law; brother; sister; brother-in-law; sister-in-law; son; daughter; son-in-law; daughter-in-law; grandfather; grandmother; grandson; granddaughter; stepfather; stepmother. Check the appropriate box, or fill in the blank next to the word "family". Item 2: Acts of Abuse. You can only get a PFA order if the Respondent has committed abuse. On these lines you must describe the specific acts of abuse the Respondent committed. Write the dates of the acts of abuse. It may help you to have any Police Reports handy for dates of incidents and arrests. Remember that not all offensive conduct is considered to be abuse under the law. Only these acts are considered abuse: intentionally or recklessly causing or attempting to cause physical injury or sexual offense; intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense; intentionally or recklessly damaging, destroying or taking the tangible property of another person; engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response; trespassing on or in the property of another, or on or in property from which the trespasser has been excluded by court order; child abuse; unlawful imprisonment, kidnaping, interference with custody and coercion; any other conduct which a reasonable person under the circumstances would find threatening or harmful. Item 3. Welfare Status. Indicate here whether you receive cash assistance from the State of Delaware under the TANF program. Item 4. Address Confidential. Check here if you want the Family Court to withhold your address or other information from the Respondent. Relief. Remember that any relief ordered by the Family Court in a PFA is temporary and can last only up to one year. If you need permanent relief, you must file the appropriate petition with the Family Court. You may ask the Family Court to order the Respondent to do any or all of the following things by checking the appropriate box: stop committing any abuse against you and your child, if you have any child; stay 100 yards away from you, your home, your workplace and any other appropriate place; refrain from contacting you in any way; relinquish to you a place of residence; pay compensation for damages you suffered as a result of abuse (note that you must have some evidence of the damages, like repair estimates); award custody to you of any child you have in common with the Respondent; require supervision for visitation, including the use of a visitation center; pay child support; pay spousal support; award to you possession of any personal property, like a car, a credit card or other items; require appropriate counseling or treatment for the Respondent; any other relief that you think is necessary and appropriate. Verification. You must sign the verification section in the presence of a Notary Public. Have some form of identification , like a Driver's License, with you. Remember that the Petition For Order of Protection From Abuse is not evidence that the Respondent committed acts of abuse. Evidence can come from witnesses, like yourself and other people who saw or heard the abuse or the effects of the abuse. Evidence can also include photographs of injuries, letters written by the Respondent, and medical bills. If a witness cannot or will not come to the Family Court voluntarily for your PFA trial, then you may ask the Family Court to send a subpoena to that witness which will require that witness to come to the Family Court for the trial. Return to Top of Page