Rule 405.Trial
Ch. XVI: Protection from Abuse Proceedings · Last amended 2026 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 405
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.