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

Plain English Breakdown

The effective date is not explicitly stated in the provided metadata, though standard practice suggests it takes effect upon signature unless specified otherwise.

Clarifying Who Can Ask for Emergency Lethal Violence Orders

This law changes Delaware rules to say only law enforcement officers can ask courts for emergency orders against people who might commit lethal violence.

What This Bill Does

• Changes the state code so that only a law enforcement officer can file an affidavit or petition for emergency relief under Section 7703.
• Removes confusing language in the statute regarding who may request these specific emergency orders.
• Keeps rules allowing other types of petitions, such as nonemergency hearings, to be filed by different people.

Who It Names or Affects

• Law enforcement officers who file emergency requests
• The Justice of the Peace Court in Delaware

Terms To Know

Lethal Violence Protective Order (LVPO)

A court order designed to protect people from individuals who may commit serious violence.

Petitioner

The person or officer asking the court for a protective order; under this law, only officers can be petitioners for emergency relief.

Limits and Unknowns

• This law only changes rules for emergency hearings; it does not change how nonemergency petitions work.
• The official text provided does not list a specific date when this law becomes effective, though it was signed on August 20, 2025.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.
This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Brown & Rep. Carson

Sen. Poore; Reps. Dukes, K. Johnson, Ortega

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 73

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

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

Section 1. Amend §7702, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7702. Commencement of action; procedure.

(a) A

petitioner

law enforcement officer

may request relief under § 7703

or § 7704

of this title by filing an affidavit or verified petition.

(b) Any petitioner may request relief under § 7704 of this title by filing an affidavit or verified petition.

(b)

(c)

A petition for a lethal violence protective order must be filed in the county where the respondent resides.

SYNOPSIS

This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute.

Author: Senator Brown