AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.

Plain English Breakdown

Official status metadata mentions 'Passed Legislature' but the digest text and last action date (2025-06-18) indicate it was only reported out of committee. The summary reflects the bill's content as written in the excerpt, not its final enacted status.

Allowing Consent for Permanent Protection Orders in Delaware

This bill changes Delaware law so a person accused of abuse can agree to a permanent protection order without the court needing to prove specific serious factors first.

What This Bill Does

• Amends Title 10 of the Delaware Code regarding protection from abuse proceedings.
• Allows courts to issue protective orders for more than two years if the respondent agrees.
• Permits a permanent protection order when the respondent consents to its entry.
• Removes the requirement for the court to find specific aggravating factors under Section 1045(f) in cases of consent.

Who It Names or Affects

• Respondents involved in protection from abuse proceedings who choose to agree to an order.
• Petitioners seeking long-term or permanent protective orders against a respondent.
• Delaware courts handling domestic violence and protection from abuse cases.

Terms To Know

Respondent

The person accused of committing acts that led to the request for a protection order.

Petitioner

The person who asks the court for a protective order against someone else.

Aggravating factors

Specific serious conditions listed in Section 1045(f) that usually must be proven to get an order longer than two years unless there is consent.

Limits and Unknowns

• The bill text does not state when this law will officially take effect.
• The source material only covers the House Judiciary Committee report; final legislative action or governor approval has not occurred yet based on provided dates.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.
This Act amends the Delaware Code to allow for a respondent in a protection from abuse proceeding to consent to the entry of a permanent protection order without the need for the Court to make a finding as to the presence of the aggravating factors of 1045(f) of Title 10.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Griffith & Sen. Hansen

Reps. Morrison, Romer; Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 198

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1045, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1045. Relief available; duration of orders, modification, and termination.

(a) After consideration of a petition for a protective order, the Court may grant relief in the form of any of the following:

(1) Restrain the respondent from committing acts of domestic violence, as defined in § 1041 of this title.

(2) Restrain the respondent from contacting or attempting to contact the petitioner.

(b) Relief granted under this section shall be effective for a fixed period of time not to exceed 1 year, except that

the

relief granted under paragraphs (a)(1) and (a)(2) of this section may be entered for a fixed period of time not to exceed 2

years, unless a longer period of time is ordered pursuant to subsection (c) or (f) of this section.

years. The relief granted under paragraphs (a)(1) and (a)(2) of this section may be entered for a period of time greater than 2 years if one of the following conditions is met:

(1) The respondent consents to the entry of the protective order for a fixed period of time, up to and including a permanent protective order.

(2) A longer period of time is ordered by the court under subsections (c) or (f) of this section.

SYNOPSIS

This Act amends the Delaware Code to allow for a respondent in a protection from abuse proceeding to consent to the entry of a permanent protection order without the need for the Court to make a finding as to the presence of the aggravating factors of 1045(f) of Title 10.