§ 7701. Definitions. As used in this section: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court prohibiting and enjoining a person […]
§ 7702. Commencement of action; procedure. (a) A petitioner may request relief under § 7703 or § 7704 of this title by filing an affidavit or verified petition. (b) A petition for a lethal violence protective order must be filed in the county where the respondent resides. (c) Forms and instructions for initiating a proceeding […]
§ 7703. Emergency hearings. (a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following: (1) Alleges that respondent poses an immediate and present danger of causing physical injury to self or others by controlling, […]
§ 7704. Nonemergency hearings. (a) A petitioner may request a lethal violence protective order by filing an affidavit or verified petition in the Superior Court that does both of the following: (1) Alleges that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, […]
§ 7705. Termination and renewal. (a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order. (1) The Superior […]
§ 7706. Return and disposal of firearms. If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent any firearms or ammunition taken from the respondent under this chapter […]
§ 7707. Limitation on liability. (a) Nothing in this chapter precludes a petitioner or law-enforcement officer from removing firearms under other authority or filing criminal charges when probable cause exists. (b) A law-enforcement officer, who in good faith does not seek a lethal violence protective order under this chapter, is immune from civil liability. (c) […]
§ 7708. Sanctions. (a) Any person who violates a lethal violence protection order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who swears falsely, as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7702, § 7703, or § 7704 of this […]
§ 7709. Rules and regulations. The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this chapter. 81 Del. Laws, c. 274, § 1;
