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Rule 65.3.Directions and restrictions on conduct

Ch. VIII: Provisional and Final Remedies and Special Proceedings · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 65.3 requires conduct restrictions to be written down, given to the person and effective on notice, and forbids ordering anyone to do or stop doing something nobody complained about.

Full Text of Rule 65.3

Text sizeJump to: (a) (b)

(a) Whenever the Court intends to impose restrictions on the conduct of a party, the conditions or restrictions thereof shall be set forth in writing by the Court, or by such other person or agency as the Court, by order, may delegate authority to impose such conditions, and a copy thereof shall be furnished to such person at the earliest possible time. The conditions or restrictions shall become effective upon the person affected being notified, either orally or in writing, by the Court or by some person designated by the Court. In any case where imperiling the family relationship or care of a child is the issue, an order directing any party to perform or refrain from committing certain acts of conduct shall clearly set forth such acts or conduct.
(b) No party shall be ordered without consent to perform or refrain from any act concerning which no complaint was made or evidence presented.
End

Plain-English Summary

In writing, and in hand. Whenever the court intends to impose restrictions on a party's conduct, the conditions or restrictions must be set out in writing — by the court, or by whatever person or agency the court has delegated that authority to by order — and a copy furnished to the person at the earliest possible time.

When they bite. The conditions take effect when the person affected is notified, orally or in writing, by the court or someone the court designates. So notice, not paperwork, starts the obligation; the writing is what makes it provable and precise.

Where the family relationship or the care of a child is imperiled, an order directing a party to perform or refrain from acts of conduct must clearly set those acts out. A person can be punished for breaching such an order, and nobody should face contempt for misremembering what they were told from the bench.

Only what was raised. No party shall be ordered without consent to perform or refrain from any act concerning which no complaint was made or evidence presented. That is a due-process rule stated as plainly as it can be. A family court learns a great deal about a family, and the temptation to fix something nobody asked about is real. The rule forecloses it: an order must answer a complaint someone actually made, on evidence someone actually presented.

Frequently Asked Questions

Does a Delaware Family Court restriction have to be in writing?

Yes. Whenever the court intends to impose restrictions on a party's conduct, the conditions or restrictions shall be set forth in writing and a copy furnished to the person at the earliest possible time.

When do the restrictions take effect?

Upon the person affected being notified, either orally or in writing, by the court or by someone the court designates.

Can the court order me to do something nobody asked for?

No. No party shall be ordered without consent to perform or refrain from any act concerning which no complaint was made or evidence presented.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 65.3), 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: conduct restrictions Delaware Family Courtorder must be in writing DelawareFam. Ct. Civ. R. 65.3