Delaware Protective Order - Civil Trial

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Multi-State
Control #:
US-PI-0048
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Word; 
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This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.

Delaware Protective Order — Civil Trial is a legal process designed to provide victims with immediate protection and relief from abusive and threatening situations. It involves obtaining a court order to restrict the actions and contact of an individual who poses a threat to the safety and well-being of someone else, typically a family member, domestic partner, or person with whom the victim shares an intimate relationship. The Delaware protective order falls under civil law and aims to prevent further harm, harassment, physical abuse, or intimidation. It can be requested by the victim or their legal representative and requires filing a complaint with the local Delaware court system. The process involves providing evidence or documentation of the said abusive behavior to support the request for protection. To obtain a Delaware Protective Order, the petitioner must demonstrate that they have been a victim of domestic violence, sexual abuse, harassment, or stalking. The court then reviews the evidence and considers the immediate danger posed to the petitioner. If the court finds the request valid, it will issue a temporary protective order granting immediate protection until a final hearing can be scheduled. There are different types of Delaware Protective Orders, each serving a specific purpose: 1. Emergency Protective Order (EPO): This type of order is issued when a victim is in immediate danger and requires immediate protection. It can be granted outside of regular business hours or when the court is unavailable. An EPO typically lasts for a short duration, usually until the next business day. 2. Temporary Protective Order (TPO): A TPO provides immediate protection to the victim during the period between filing the initial complaint and the final hearing. It is typically valid for a few weeks up to a month. The court reviews the evidence and decides whether to extend the protective order during the final hearing. 3. Final Protective Order (FPO): Issued after a formal hearing, if the court finds sufficient evidence of abuse, an FPO can last for an extended period, usually several months or even years. It restricts the respondent's behavior, including prohibiting contact, requiring the surrender of firearms, or establishing no-contact zones. It is important to note that violating a Delaware Protective Order is a serious offense and can lead to legal consequences, including arrest and criminal charges. The Delaware Protective Order — Civil Trial offers victims an essential tool to protect themselves and secure a safe environment free from abuse and harassment. It aims to empower victims and help them regain control over their lives while providing a legal framework to address domestic violence and safeguard the well-being of individuals in Delaware communities.

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If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.

Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

The Superior Court has statewide original jurisdiction over criminal and civil cases, except for equity cases and domestic relations matters. The Court has exclusive jurisdiction over felonies and drug offenses (except most felonies and drug offenses involving minors, and except possession of marijuana cases).

When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

§ 3901 and Delaware Superior Court Civil Rule 133, all settlements of tort claims brought my minors (through his/her parent, guardian, etc.) in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement.

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

§ 3901 and Delaware Superior Court Civil Rule 133, all settlements of tort claims brought my minors (through his/her parent, guardian, etc.) in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement.

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To begin a lawsuit in the Court of Common Pleas, you must file documents called a "Complaint," a "Praecipe" and a "Summons" with the Court. (Court of Common ... A petition can be filed in person by going to the Family Court between the hours of 8:30 am and 4:30 pm · A petition can be filed by email at FC_PFA@delaware.gov.Application to Court for Protective Order. Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and. The authority for filing a document under seal must be provided by a protective order or other order of the Court. Sealed documents in Social Security cases ... A non-party from another state from whom discovery is sought always may move for a protective order from the court in the state where discovery is sought or, ... (5) The Court on its own motion, on motion by any party, or on application by a non-party, may order the custodian to file the original of any discovery ... Sep 13, 2023 — How much does it cost? Do I need a lawyer? ... Step 1: Go to court to file the petition. ... Can the abuser have a gun? What should I do when I ... ... the Court to enter the following Protective Order pursuant to Fed. ... I agree to be bound by the terms of the Protective Order entered in the above- captioned ... What are the steps to get a PFA? · Complete a petition for a temporary PFA at Domestic Abuse Project or Office of Judicial Support. · File the petition. · Proceed ... File the petition. Proceed to the Office of the Court Administrator (see map) so the petition can be taken before a Judge. Take copies of the PFA Order ...

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Delaware Protective Order - Civil Trial