DelawareCourts and officers would weigh and report military protection orders
Starting January 1, 2027, courts must consider existing military protective orders in certain emergency protection requests, and officers must notify military agencies about suspected violations.
What it does
When someone seeks emergency protection from domestic or sexual violence, the court must count an existing military protective order against the respondent as a factor favoring protection.
If an officer has probable cause to believe a service member violated a military order registered in a federal crime database, the officer must notify the agency that entered it.
Argument forConsidering a military protective order may help a court recognize an added warning sign when deciding whether to grant emergency protection.
Argument againstA service member may face faster contact with their military command after an alleged violation, even before a court decides whether a violation occurred.
More detail
Courts must treat an existing military protective order as a factor favoring an emergency protective order or a temporary sexual-violence order. This applies to emergency domestic-violence orders and ex parte temporary sexual-violence orders. The military order must be against the person responding to the petition. This act takes effect January 1, 2027.
A law-enforcement officer must notify the agency that entered a military protective order when the officer has probable cause to believe a service member violated it. This applies when an officer has probable cause to believe a service member violated a military protective order. The military order must be registered in the FBI's National Crime Information Center database. This act takes effect January 1, 2027.
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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: 20 YES 1 ABSENTPassed Senate
- Vote recorded Passage. Result: pass.Upper
- Jun 24Reported Out of Committee (Judiciary) in Senate with 4 On Its MeritsMinor
- Jun 16Assigned to Judiciary Committee in SenateMinor
- Vote recorded Passage. Result: pass.Lower
- Jun 16Passed By House. Votes: 38 YES 3 ABSENTPassed House
- Jun 12was introduced and adopted in lieu of HB 218Introduced
Criminal JusticePublic SafetyConsumer Protection