AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

Plain English Breakdown

The official source material only specifies prohibitions on certain types of evidence when deciding not to issue a protective order, rather than prohibiting their consideration at all. Other details were removed as they are not supported by the provided text.

Delaware Law on Sexual Violence Protective Orders

This law changes how judges decide whether to grant or deny sexual violence protective orders by setting rules about what evidence they cannot consider when deciding not to issue a protective order.

What This Bill Does

• Changes the criteria for granting or denying a sexual violence protective order in Delaware.
• Prohibits judges from considering certain types of information only when deciding not to issue a protective order, rather than prohibiting its consideration at all.

Who It Names or Affects

• People seeking protective orders for sexual violence in Delaware.
• Judges and courts handling these cases.

Terms To Know

sexual violence protective order

A court order that protects someone from further acts of sexual violence by another person.

voluntary intoxication

Being under the influence of alcohol or drugs due to personal choice, not forced upon them.

Limits and Unknowns

• The bill does not specify what happens if someone violates a protective order.
• It is unclear how this law will be enforced in practice.
• The effective date for when the changes take effect has not been set yet.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.
This Act changes the criteria for granting or denying a sexual violence protective order by prohibiting the consideration of certain information only in the decision to deny a protective order rather than prohibiting its consideration at all.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Griffith & Sen. Poore

Rep. Romer; Sens. Pinkney, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 421

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

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

Section 1. Amend § 7205, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7205. Nonemergency proceedings.

(b) The following procedures govern a nonemergency proceeding:

(7)

The Superior Court must not consider the following evidence in determining whether to grant or deny a petition:

A petition for a sexual violence protective order may not be denied based on evidence that:

a. The respondent was voluntarily intoxicated when any of the acts alleged occurred.

b. The petitioner was voluntarily intoxicated.

c. The petitioner engaged in limited consensual sexual touching with the respondent.

d. The petitioner did not report respondent’s non-consensual sexual conduct or non-consensual sexual penetration or contemporaneous or subsequent threatening conduct to law-enforcement officials.

SYNOPSIS

This Act changes the criteria for granting or denying a sexual violence protective order by prohibiting the consideration of certain information only in the decision to deny a protective order rather than prohibiting its consideration at all.