Rule 400.Hearings
Ch. XVI: Protection from Abuse Proceedings · Last amended 2026 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 400
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Adopted effective September 11, 2007. Amended effective January 5, 2026.]
Plain-English Summary
Except as Rule 405(a) provides, all Protection from Abuse hearings and trials are conducted publicly, unless in the court's discretion there is sufficient reason to close the hearing.
That is a deliberate choice, and it runs against the grain of the rest of this court. Custody, dependency and adoption matters are heard privately; a PFA case is open.
The reason is what a protective order does. It restrains a person's liberty on evidence heard in a summary proceeding, often within days of the events alleged. Proceedings of that kind are safer when they can be watched. Openness also serves the petitioner, whose account is treated as a matter of public record rather than something to be handled quietly.
The discretion to close remains, for the case where publicity would itself be the danger, and Rule 405(a) lets the court remove spectators who cause a disturbance or who are themselves subject to a no-contact order.
Frequently Asked Questions
Are Delaware Protection from Abuse hearings public?
Yes. All PFA hearings and trials are conducted publicly unless in the court's discretion there is sufficient reason to close the hearing, and subject to the attendance provisions of Rule 405.