reglab/housing_qa huggingface dataset:
10 DE Code § 1042. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1042. Commencement of action; procedure.

§ 1042. Commencement of action; procedure. (a) A request for relief from domestic violence is initiated by the filing of a verified petition by the petitioner, or by the Division of Child Protective Services or the Division of Adult Protective Services, asking the court to issue a protective order against the respondent. (b) The petitioner need not reveal an address, place of residence, school or employment or the address or place where the petitioner's child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. However, the Court may require the petitioner to reveal in confidence a current address or place of residence for the purpose of determining jurisdiction or venue. (c) A petition for a protective order may be filed in any county where the petitioner resides, the respondent resides, the alleged domestic violence occurred, or where the petitioner is temporarily located away from the residence to avoid domestic violence. (d) Forms and instructions for initiating a proceeding under this part shall be available from the Clerk of the Court. Assistance from court staff or court volunteers shall be available during business hours to assist the parties with all papers which may be filed in connection with a proceeding under this part. Any assistance or information provided by court staff or court volunteers under this part does not constitute the practice of law. (e) All forms and instructions developed for use by the parties to a proceeding under this part shall contain simple, understandable language. (f) The Court may examine a child outside the presence of the parties for the purpose of obtaining the child's testimony and ascertaining the truth of a matter asserted by a party to the proceeding. The Court may permit counsel to be present at the examination, and to also examine the child. The Court may permit a party who is not present for the examination to submit questions of fact for the Court to use in ascertaining the testimony of the child. The Court shall cause a record of the examination to be made and it shall be made a part of the record in the case. 69 Del. Laws, c. 160, §  2;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 46, § 1;
10 DE Code § 1043. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1043. Ex parte orders and emergency hearings.

§ 1043. Ex parte orders and emergency hearings. (a) A petitioner may request an emergency protective order by filing an affidavit or verified pleading alleging that there is an immediate and present danger of domestic violence to the petitioner or to a minor child of the petitioner or to an adult who is impaired. (b) An emergency protective order may be issued on an ex parte basis, that is, without notice to the respondent, where the petitioner certifies in writing the efforts, if any, which have been made to give notice to the respondent or the reasons supporting the claim that notice should not be required. (c) An emergency hearing held on an ex parte basis shall be held the same day that the petition is filed or the next day that the Court is in session. All other emergency hearings shall be scheduled for an expedited hearing within 15 calendar days after the petition is filed. (d) In any case in which an ex parte protective order has been issued, a full hearing shall be held within 15 days. The Court may extend an ex parte order as needed, but not to exceed 30 days, to effectuate service of the order or where necessary to continue protection. (e) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title. (f) In those cases where the respondent is not present for the hearing, or where the hearing is held ex parte, any protective order issued shall be served immediately upon the respondent, in accordance with § 1065 of this title. A certified copy of the order shall also be given to the petitioner after the hearing, before leaving the courthouse. If the order recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service of the order is not necessary; in those cases, the respondent shall be given a copy of the order before leaving the courthouse. 69 Del. Laws, c. 160, §  2;  69 Del. Laws, c. 335, §  1;  77 Del. Laws, c. 442, §  1;  78 Del. Laws, c. 179, §  24;  80 Del. Laws, c. 389.;
10 DE Code § 1044. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1044. Nonemergency hearings.

§ 1044. Nonemergency hearings. (a) Upon receipt of a petition for a protective order, the Court shall order a hearing within 30 days. (b) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title. (c) Service of the protective order, as well as provision of copies to the parties, shall take place in accordance with § 1043(f) of this title. 69 Del. Laws, c. 160, §  2;  69 Del. Laws, c. 335, §  1;
10 DE Code § 1047. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1047. Nonpreclusion of remedies.

§ 1047. Nonpreclusion of remedies. Nothing in this part shall preclude a petitioner or law-enforcement officer from filing criminal charges when probable cause exists. 69 Del. Laws, c. 160, §  2;  69 Del. Laws, c. 335, §  1;
10 DE Code § 1048. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1048. Jurisdiction.

§ 1048. Jurisdiction. The Family Court shall have jurisdiction of proceedings under this part. 69 Del. Laws, c. 160, §  2;  69 Del. Laws, c. 335, §  1;
10 DE Code § 1049. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049. Title.

§ 1049. Title. This part may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.” 73 Del. Laws, c. 367, §  1;
10 DE Code § 1049A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049A. Definitions.

§ 1049A. Definitions. In this part:  (1) “Court” means the Family Court of the State of Delaware. (2) “Foreign protection order” means a protection order issued by a tribunal of another state. (3) “Issuing state” means the state whose tribunal issues a protection order. (4) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both protected individuals seeking enforcement of the order and the respondents. (5) “Protected individual” means an individual protected by a protection order. (6) “Protection order” means an injunction or other order issued by a tribunal under the domestic violence or family violence laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. The term includes an injunction or other order issued under the antistalking laws of the issuing state. (7) “Respondent” means the individual against whom enforcement of a protection order is sought. (8) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders. (9) “Tribunal” means a court, agency or other entity authorized by law to issue or modify a protection order.73 Del. Laws, c. 367, §  1;
10 DE Code § 1049B. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049B. Judicial enforcement of order.

§ 1049B. Judicial enforcement of order. (a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in the Court. The Court shall enforce the terms of the order, including terms that provide relief that the Court would lack power to provide but for this section. The Court shall enforce the order whether the order was obtained by independent action or in another proceeding if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the Court shall follow the procedures of this State for the enforcement of protection orders. (b) The Court may not enforce a foreign protection order issued by the tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. (c) The Court shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. (d) A foreign protection order is valid if it:  (1) Identifies the protected individual and the respondent; (2) Is currently in effect; (3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and (4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order, or in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process. (e) A foreign protection order valid on its face is prima facie evidence of its validity. (f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. (g) The Court may enforce provisions of a mutual foreign protection order which favor a respondent only if:  (1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and (2) The tribunal of the issuing state made specific findings in favor of the respondent.73 Del. Laws, c. 367, §  1;
10 DE Code § 1049C. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049C. Nonjudicial enforcement of order.

§ 1049C. Nonjudicial enforcement of order. Pursuant to the provisions of § 1046 of this title, a law-enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this State. Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order. 73 Del. Laws, c. 367, §  1;
10 DE Code § 1049D. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049D. Registration of order.

§ 1049D. Registration of order. (a) Any individual may register a foreign protection order in this State. To register a foreign protection order an individual shall present a certified copy of the order to the Court. (b) Upon receipt of a foreign protection order, the Court shall register the order in accordance with this section. After the order is registered, the Court shall furnish to the individual registering the order a certified copy of the registered order. (c) The Court shall register an order upon presentation of a copy of a protection order which has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State. (d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that to the best of the protected individual's knowledge, the order is currently in effect. (e) A foreign protection order registered under this part may be entered in any existing state or federal registry of protection orders in accordance with applicable law. (f) A fee may not be charged for the registration of a foreign protection order. 73 Del. Laws, c. 367, §  1;
10 DE Code § 1049E. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049E. Immunity.

§ 1049E. Immunity. This State or a local governmental agency or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part. 73 Del. Laws, c. 367, §  1;
10 DE Code § 1049F. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049F. Other remedies.

§ 1049F. Other remedies. A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent. 73 Del. Laws, c. 367, §  1;
10 DE Code § 1049G. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049G. Short title.

§ 1049G. Short title. This part may be cited as the “Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.”  80 Del. Laws, c. 373, § 1;
10 DE Code § 1049H. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049H. Definitions.

§ 1049H. Definitions. As used in this part:  (1) “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from doing 1 or more of the following:  a. Being in physical proximity to a protected individual or following a protected individual. b. Directly or indirectly contacting or communicating with a protected individual or other individual described in the order. c. Being within a certain distance of a specified place or location associated with a protected individual. d. Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. (2) “Court” means the Family Court of this State. (3) “Domestic protection order” means an injunction or other order issued by the Court which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual. (4) “Issuing court” means the court that issues a Canadian domestic-violence protection order. (5) “Law-enforcement officer” means an individual authorized by law of this State other than this part to enforce a domestic protection order.  (6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.  (7) “Protected individual” means an individual protected by a Canadian domestic-violence protection order. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (9) “Respondent” means an individual against whom a Canadian domestic-violence protection order is issued. (10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally-recognized Indian tribe.80 Del. Laws, c. 373, § 1;
10 DE Code § 1049I. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.

§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer. (a) If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic-violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic-violence protection order as if the terms were in an order of the Court. Presentation to a law-enforcement officer of a certified copy of a Canadian domestic-violence protection order is not required for enforcement. (b) Presentation to a law-enforcement officer of a record of a Canadian domestic-violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.  (c) If a record of a Canadian domestic-violence protection order is not presented as provided in subsection (b) of this section, a law-enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic-violence protection order exists. (d) If a law-enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. (e) If a law-enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.  80 Del. Laws, c. 373, § 1;
10 DE Code § 1049J. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court.

§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court. (a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following:  (1) A person authorized by law of this State other than this part to seek enforcement of a domestic protection order. (2) A respondent.  (b) In a proceeding under subsection (a) of this section, the Court shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order as described in § 1049H of this title. (c) A Canadian domestic-violence protection order is enforceable under this section if all of the following apply:  (1) The order identifies a protected individual and a respondent. (2) The order is valid and in effect. (3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court. (4) The order was issued after 1 of the following:  a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order. b. In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process. (d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section. (e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the Court determines that the order is not enforceable, the Court shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and § 1049I of this title and may not be registered under § 1049K of this title. (f) This section applies to enforcement of a provision of a Canadian domestic-violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply:  (1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court. (2) The issuing court made specific findings that entitled the party to the enforcement sought.80 Del. Laws, c. 373, § 1;
10 DE Code § 1049K. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1049K. Registration of Canadian domestic-violence protection order.

§ 1049K. Registration of Canadian domestic-violence protection order. (a) An individual may register a Canadian domestic-violence protection order in this State. To register the order, the individual must present a certified copy of the order to the Court. (b) On receipt of a certified copy of a Canadian domestic-violence protection order, the Court shall register the order in accordance with this section.  (c) An individual registering a Canadian domestic-violence protection order under this section shall file an affidavit stating that, to the best of the individual's knowledge, the order is valid and in effect. (d) After a Canadian domestic-violence protection order is registered under this section, the Court shall provide the individual registering the order a certified copy of the registered order. (e) A Canadian domestic-violence protection order registered under this section may be entered in a state or federal registry of protection orders in accordance with law. (f) An inaccurate, expired, or unenforceable Canadian domestic-violence protection order may be corrected or removed from the registry of protection orders maintained in this State in accordance with law of this State other than this part. (g) A fee may not be charged for the registration of a Canadian domestic-violence protection order under this section. (h) Registration in this State or filing under law of this State other than this part of a Canadian domestic-violence protection order is not required for its enforcement under this part.  80 Del. Laws, c. 373, § 1;