DelawareCourts could not deny protective orders based on certain facts
In nonemergency cases, courts may not deny a sexual violence protective order petition based on either party’s voluntary intoxication or certain other listed facts.
What it does
In nonemergency proceedings, a court may not deny a sexual violence protective order petition because of either party’s voluntary intoxication, limited consensual touching, or the petitioner’s failure to report specified conduct to police.
Argument forPetitioners may be less likely to lose protection because they were intoxicated, did not report promptly, or had limited consensual contact.
Argument againstA respondent might have less chance to present information relevant to a denial, since the court could not use these facts to deny an order.
More detail
The court may not deny a petition based on the listed facts. This applies in nonemergency proceedings for sexual violence protective orders. The listed facts concern either party's voluntary intoxication, limited consensual sexual touching, or the petitioner's failure to report specified conduct to law enforcement.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 14Signed by Governor Matt MeyerBecame Law
- Jul 1Passed By Senate. Votes: 19 YES 2 ABSENTPassed Senate
- Vote recorded Passage. Result: pass.Upper
- Jun 24Reported Out of Committee (Judiciary) in Senate with 4 On Its MeritsMinor
- Jun 11Assigned to Judiciary Committee in SenateMinor
- Vote recorded Passage. Result: pass.Lower
- Jun 11Passed By House. Votes: 40 YES 1 ABSENTPassed House
- May 20Reported Out of Committee (Judiciary) in House with 10 On Its MeritsMinor
- May 14Introduced and Assigned to Judiciary Committee in HouseIntroduced
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