Del. Fam. Ct. Civ. R. 403

(a) Application. A petitioner may file a verified application for an emergency order or expedited

scheduling reciting an immediate and present danger of domestic violence. If a hearing

officer declines to enter an emergency order, that hearing officer shall determine whether

scheduling should be expedited.

(b) The emergency shall proceed as follows:

(1) Emergency hearing. The emergency hearing will be conducted ex parte by direct

examination by the Court or counsel. Hearsay evidence may be considered as well as

information readily available to the judicial officer including, but not limited to the

content of the pleadings, criminal records, DFS records, and past or pending Family

Court litigation records pertaining to either party. If the respondent is physically present

in the courthouse at the time of the hearing, the assigned Commissioner will determine

whether the respondent should be advised of the hearing and be permitted to participate.

Children should not attend the hearing unless the abuse precipitating the application is

against a child aged 14 or over.

(2) Emergency Order. Every emergency protective order:

(A) Shall include an expiration date of not later than 30 days after filing unless later

extended upon stipulation of the parties, or as ordered by the Court upon a delay in

the proceedings attributable to the respondent, including but not limited to requests

for continuance and evading service.

(B) If parties have a minor child in common, shall explicitly state whether interim contact

with the respondent is contemplated.

(C) May be modified or terminated for good cause shown, is terminated upon the

dismissal of the petition, and is superseded upon the issuance of a permanent order in

favor of the petitioner. A modification of an emergency order that adds conditions or

further restricts conduct must be served as described in subsection (3), but the order

shall otherwise continue in force uninterrupted until terminated or superseded.

(3) Service. If issued in conjunction with the original filing, a copy of the emergency order

will be included with the original service packet. Furthermore: the following shall

presumptively constitute reliable proof of receipt of the contents, including notice of case

review and trial, ex parte and permanent PFA orders, and modifications thereof:

(A) Regular mail to the most recent address:

1. Confirmed during the pendency of the petition by personal service;

2. Confirmed during the pendency of the petition by return receipt (paper or

electronic) showing personal delivery by certified mail or its equivalent; or

3. Personally provided by the party to the Court.

(B) Electronic transmission of emergency or permanent PFA orders and modifications

thereof following a hearing or case review at which a party participated remotely

shall be the equivalent of hand delivery. Courtesy copies of orders shall also be

mailed in accordance with subsection (A).

(4) Summary Dismissal. Any petition that fails to establish the parties as members of the

protected class or fails to state a claim for which relief can be granted may be summarily

dismissed without prejudice at any stage in the proceedings.

(c) Reassignment. If a PFA petition seeks placement of, protection for, or contact with a child

about whom other civil litigation is also pending in Family Court, the judicial officer to

whom the other litigation has been assigned may, upon motion of a party or sua sponte,

assume assignment of the PFA petition. A party who requests reassignment waives any

objections to any delay caused by the reassignment.