Delaware law limits civil arrests around court and hearing sites

The law bars arrests or detentions over noncriminal matters in specified settings. The ban covers travel to or from, presence at, and participation in a courthouse judicial proceeding. It also covers travel to or from, presence at, and participation in a workers’ compensation proceeding at a Delaware Industrial Accident Board office. Nearby entryways, driveways, sidewalks, parking areas, and grounds serving those locations are included. The ban does not apply to an arrest authorized by a judicial order. A law enforcement officer may make a civil arrest at these locations after giving the presiding judge or administrative officer advance written notice. The notice must name the person, describe the civil violation, include supporting paperwork, and state the planned time and place.

Officials may protect access to proceedings, and affected people may seek legal remedies. Judicial officers may protect access to courthouses and court proceedings. Industrial Accident Board representatives or members may protect access to Board proceedings and the Board’s operations. A person arrested or detained in violation of the chapter may ask a court for a writ of habeas corpus, a way to challenge detention. A person who knowingly violates the arrest exception may face a lawsuit for damages for false imprisonment. Courts may award legal fees and costs to people who win cases under this section.