If you are a sexual violence survivor or victim prioritizing your safety is key! Starting with obtaining a protective order can be a critical step toward safety and peace of mind. In Delaware, these orders provide legal protection by prohibiting the offender from contacting or coming near you. Here's a step-by-step guide to filing a Sexual Violence Protective Order (SVPO):
1. Understand Eligibility
- You may file for an SVPO if you are a victim of sexual violence and do not have a domestic relationship with the offender.
- If the offender is a family or household member, you may need to pursue a Protection From Abuse (PFA) order instead.
2. Locate the Right Court
- SVPOs are filed in the Family Court of Delaware. There are locations in all three counties: New Castle, Kent, and Sussex.
- Visit the Family Court in the county where you live or where the incident occurred.
3. Complete the Petition
- Request the SVPO petition from the court or download it from the Delaware Family Court's website.
- 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.
4. Submit the Petition
- File your completed petition at the Family Court. Filing is free of charge.
- Court staff will guide you through the process and may ask additional questions for clarity.
5. Attend the Hearing
- The court will schedule a hearing, usually within a few days.
- 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.
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.
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.
