Delaware Code Title 10 Sec. 7203 – Commencement of action; procedure
(a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred asking the Court to issue a protective order against the respondent.
Terms Used In Delaware Code Title 10 Sec. 7203
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Non-consensual: means "without consent" as defined under § 761 of Title 11. See Delaware Code Title 10 Sec. 7202
- Petitioner: means the person named in a petition seeking a sexual violence protective order, or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, and who is not a member of a protected class under § 1041(2)a. See Delaware Code Title 10 Sec. 7202
- Respondent: means the person alleged to have engaged in the conduct giving rise to the petitioner's desire to seek a sexual violence protective order. See Delaware Code Title 10 Sec. 7202
- Sexual conduct: means any of the following:
- Sexual penetration: means any contact, however slight, between the sex organ or anus of 1 person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of 1 person, or of any animal, or object into the sex organ or anus of another person, including cunnilingus, fellatio, or anal penetration. See Delaware Code Title 10 Sec. 7202
- Sexual violence protective order: means an ex parte temporary order or final order granted under this chapter which includes a remedy specified by § 7204 or § 7205 of this title. See Delaware Code Title 10 Sec. 7202
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) A petition seeking relief under this chapter may be filed by any of the following:
(1) A person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration including a single incident of non-consensual sexual conduct or non-consensual sexual penetration.
(2) A person who is acting on behalf of any of the following persons who is a victim of non-consensual sexual conduct or non-consensual penetration:
a. A minor child.
b. A “vulnerable adult” as defined by § 1105(c) of Title 11.
c. Any adult other than a vulnerable adult who, because of age, disability, health, or inaccessibility, is unable to file the petition.
(c) The petitioner need not reveal a temporary place of residence, school or employment, or the address or place where the petitioner’s child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. The petitioner may request the court keep in confidence the petitioner’s current address or place of residence.
(d) The Prothonotary of the Superior Court shall make forms and instructions for initiating a proceeding under this chapter available to the public.
(e) All forms and instructions developed for use by the parties to a proceeding under this chapter must use simple, understandable language.
(f) A filing fee may not be charged for proceedings under this chapter.
(g) A person under the age of 18 who is 16 years of age or older may seek relief under this chapter without being required to seek relief by a guardian ad litem.
(h) An action may not be brought or maintained under this chapter against an individual who is under 18 years of age.
(i) The Court may, if it deems necessary, appoint a guardian ad litem or an attorney to represent a petitioner or respondent to an action under this chapter.
(j) A petition for relief under this chapter may be filed regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties or whether or not criminal charges have been brought against the respondent for the acts giving rise to the petition.
(k) The petition must be filed within 1 year of the date upon which the respondent made the most recent statements or engaged in conduct which caused the petitioner to have a reasonable fear prompting a need for relief. For purposes of computing the 1-year period, the following circumstances will toll the time period:
(1) Any time during which the respondent is incarcerated.
(2) Any time during which the respondent is residing more than 100 miles from the petitioner’s residence.
(3) Any time during which the respondent is the subject of a noncontact order relating to petitioner.
(l) Monetary damages are not recoverable as a remedy.