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Rule 405.Trial

Ch. XVI: Protection from Abuse Proceedings · Last amended 2026 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 405 governs the PFA trial: who may be excluded, subpoenas, protective relief for up to two years and beyond by statute, ancillary relief capped at one year, compliance calendars and how orders are delivered.

Full Text of Rule 405

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Attendance. A spectator who causes a disturbance in the courtroom, in the courthouse, or the vicinity of the courthouse may be excluded even if they are a potential witness. Unless they are a witness, any nonparty who is subject to a current nocontact order in regard to a party or potential witness may be excluded from the proceedings.
(b) Subpoenas. Both parties following case review may obtain subpoenas to compel the presence of witnesses. If a hearing is rescheduled, the subpoena's mandate shall transfer to the new date and time.
(c) Protective Relief. All protective relief may be awarded for up to two years and in excess of two years pursuant to statute. Protective relief includes but is not limited to prohibitions against further abuse, contact, communication, and proximity to the petitioner's person, residence, workplace, and minor children. Orders exceeding two years may be in force:
(1) For a specific duration, or
(2) Until terminated upon motion and hearing establishing that continuation of the order constitutes a manifest injustice, or
(3) Until terminated upon motion establishing satisfaction of a condition such as completion of domestic violence intervention treatment or payment of past due financial support or damages.
(d) Limits of Ancillary Relief. Relief beyond that available in subsection (c) may not be awarded or extended beyond one year. However, orders against nonresidents where there is an absence of actual notice or minimum contacts shall be limited to protective relief. Any such lack of personal jurisdiction shall be clearly recited in the order.
(e) Compliance Calendars. On its own motion, the Court may compel the respondent to appear and provide proof of compliance or good cause why he or she should not be held in contempt of court for noncompliance for any term for which written confirmation should reasonably be available. In addition to the relief recited in Rule 407(c), an order may be extended indefinitely until the respondent provides proof of compliance.
(f) Court Discretion. Custody, child support, exclusive use of a home, and temporary possession of personal property of significant value may only be awarded if requested in the pleadings, upon an amendment to conform the pleadings to the evidence pursuant to Rule 15(b), or by agreement of the parties. Except when proceeding by default pursuant to Rule 404(d) (2), the Court is not otherwise limited by the pleadings and may award any appropriate relief authorized by statute.
(g) Findings of Fact. If the parties have minor children together and the youngest has not reached his or her 17th birthday, then any order or dismissal issuing after a full evidentiary hearing shall be supplemented with a brief summary of the findings.
(h) Service of Orders After Trial. Orders issued after trial shall be given directly to each party present. If a party leaves the courthouse without receiving a copy, the order shall be mailed as provided in Rule 403(b)(3)(A) and deemed served for all purposes. If a party against whom an order is issued was not present for the hearing, then the order may also be mailed as provided in Rule 403(b)(3)(A) but if returned undelivered by postal authorities, then other forms of service shall be utilized until actual receipt is confirmed.
End

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 January 5, 2026.]

Plain-English Summary

Who is in the room. A spectator who causes a disturbance in the courtroom, the courthouse or its vicinity may be excluded even if they are a potential witness. A nonparty subject to a current no-contact order regarding a party or potential witness may be excluded unless they are a witness. Rule 400 keeps the hearing public; this is what public does not mean.

Subpoenas. After case review, both parties may obtain subpoenas to compel witnesses, and if a hearing is rescheduled the subpoena carries over to the new date. A witness served once does not have to be served again because the court moved the case.

Protective relief. It may be awarded for up to two years, and beyond two years as the statute allows. It includes, without being limited to, prohibitions on further abuse, on contact and communication, and on proximity to the petitioner's person, home, workplace and minor children.

An order longer than two years may run for a fixed period; or until terminated on motion and a hearing establishing that continuing it would be a manifest injustice; or until terminated on motion showing that a condition has been met — completing domestic violence intervention treatment, or paying past due support or damages. The second and third are the interesting ones: an indefinite order is not necessarily permanent, and the respondent is given something to do about it.

Ancillary relief. Anything beyond protective relief may not be awarded or extended beyond one year. Orders against nonresidents where actual notice or minimum contacts are missing are limited to protective relief, and any lack of personal jurisdiction must be clearly recited in the order — so another State asked to enforce it can see the limits on its face.

Compliance calendars. On its own motion the court may compel a respondent to appear and prove compliance, or show good cause why they should not be held in contempt, for any term where written confirmation should reasonably be available. An order may be extended indefinitely until that proof is provided. A condition nobody checks is a suggestion.

What the court can award. Custody, child support, exclusive use of a home and temporary possession of valuable personal property may be awarded only if requested in the pleadings, on an amendment to conform to the evidence, or by agreement. Otherwise — except on default — the court is not limited by the pleadings and may award any appropriate relief the statute authorises. Protection expands to fit the evidence; taking a house or ordering money does not.

Findings. Where the parties have minor children together and the youngest has not reached their 17th birthday, any order or dismissal after a full evidentiary hearing must be supplemented with a brief summary of the findings. A PFA outcome shapes later custody litigation, and those cases need to know what was actually decided.

Delivery. Orders issued after trial are handed directly to each party present. A party who leaves without one is mailed it and it is deemed served for all purposes. Where a party against whom an order issued was absent, it may be mailed too — but if it comes back undelivered, other forms of service must be used until actual receipt is confirmed.

Frequently Asked Questions

How long does a Delaware protective order last?

Protective relief may be awarded for up to two years, and in excess of two years pursuant to statute — for a specific duration, until terminated on a showing of manifest injustice, or until terminated on satisfaction of a condition such as completing domestic violence intervention treatment or paying past due support or damages.

How long can ancillary relief last?

Relief beyond protective relief may not be awarded or extended beyond one year.

Can the court order things I did not ask for?

Custody, child support, exclusive use of a home and temporary possession of personal property of significant value may only be awarded if requested in the pleadings, on an amendment to conform to the evidence, or by agreement. Otherwise, except on default, the court is not limited by the pleadings.

Will the court explain its decision?

Where the parties have minor children together and the youngest has not reached their 17th birthday, any order or dismissal issued after a full evidentiary hearing is supplemented with a brief summary of the findings.

How do I get a copy of the order?

Orders issued after trial are given directly to each party present. A party who leaves without a copy is mailed one, which is deemed served for all purposes.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 405), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source
Also known as: protective order duration DelawarePFA trial Delawareancillary relief PFA DelawareFam. Ct. Civ. R. 405