reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1016. Definitions applicable to juvenile expungements.

§ 1016. Definitions applicable to juvenile expungements.
For purposes of juvenile expungement, unless the context otherwise requires:
(1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial.
(2) “Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement.
(3) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.
(4) “Felony sex offense” means a delinquent act constituting any felony offense listed in § 4121(a)(4) of Title 11.
(5) “Misdemeanor sex offense” means a delinquent act constituting any misdemeanor offense listed in § 4121(a)(4) of Title 11.
(6) “Terminated in favor of the child” means 1 of the following occurs:
a. The child is acquitted of all charges related to the case.
b. A nolle prosequi is entered on all charges related to the case.
c. The charges have been otherwise dismissed for any reason, including dismissals following successful completion of arbitration, probation before adjudication of delinquency, or any court-approved diversion program.
d. The child is arrested for the commission of 1 or more crimes and no charges related to the matter for which the child was arrested are filed in a court within 1 year of the arrest.
e. A charge or case is 7 or more years old and there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending. This paragraph (6)e. does not apply if there is an active warrant in the case, if there is a documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child.
(7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11.
(8) [Repealed.]
78 Del. Laws, c. 188, §  2;  78 Del. Laws, c. 343, §  2;  80 Del. Laws, c. 414, § 1;  81 Del. Laws, c. 17, § 1;  83 Del. Laws, c. 266, § 2;  83 Del. Laws, c. 418, § 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1017. Mandatory expungement.

§ 1017. Mandatory expungement.
(a) The Family Court shall grant a petition for expungement if 1 or more of the following apply to the person's juvenile criminal history:
(1) A case was terminated in favor of the child.
(2) A case that resulted in an adjudication of delinquency only for 1 or more of the following:
a. Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4.
b. Possession of marijuana under § 4764 of Title 16.
c. Possession of drug paraphernalia under § 4771 of Title 16.
(3) The person's juvenile criminal history includes no more than 1 felony, misdemeanor, or violation case that resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided that all of the following apply:
a. The adjudication was not for a violent felony, felony sex offense, or misdemeanor sex offense as those terms are defined in § 1016 of this title.
b. The petitioner has no prohibitions under § 1015(b) of this title.
(b) The petitioner is not required to serve a copy of the petition on the Attorney General's office when filing for mandatory expungement pursuant to this section. If the Court finds that a mandatory expungement petition does not meet the requirements for granting and sua sponte considers it as a petition for discretionary expungement, the Court shall serve a copy of the petition on the Attorney General's Office.
(c) During the Court proceeding where any felony, misdemeanor or violation case is terminated in favor of the child, the Court sua sponte, or upon request of any party, may immediately order expungement of the entire juvenile criminal history or a case, including all indicia of arrest. Prior to ordering expungement under this subsection, the Court shall review a name-based Delaware criminal background check conducted through the Delaware Justice Information System (DELJIS), in order to ensure eligibility. The Court has discretion to deny immediate expungement and require compliance with § 1015(d) of this title. An order to expunge a felony, misdemeanor, or violation case from the juvenile's record, under this subsection, shall be stayed for 30 days and may, upon motion by the Attorney General, be vacated within that 30 days, as prescribed by Delaware law. This stay does not toll the applicable appeal period.
(d) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.
78 Del. Laws, c. 188, §  2;  78 Del. Laws, c. 343, §  3;  80 Del. Laws, c. 414, § 1;  81 Del. Laws, c. 17, § 1;  81 Del. Laws, c. 451, § 1;  83 Del. Laws, c. 266, § 3;  83 Del. Laws, c. 418, § 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1017A. Mandatory expungement; automatic.

§ 1017A. Mandatory expungement; automatic.
(a) A case that is eligible for mandatory expungement under § 1017 of this title is eligible for automatic expungement under this section.
(b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 1019 of this title to expunge the eligible records.
(c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section.
(d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 1017(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred.
(e) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as eligible for automatic expungement.
83 Del. Laws, c. 265, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1022. Duties of other courts.

§ 1022. Duties of other courts.
(a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs otherwise, or, if the Court is not in session, before any other criminal court.
(b) Such Court shall inquire into the matter and shall hold the accused on the accused's own recognizance or on bail, with or without surety, and may bind material witnesses for their appearance before this Court at its next session or at such time as they may be notified by this Court to appear; and in default of bail, the accused and material witnesses shall be committed to the Department of Health and Social Services to be delivered to this Court at its next session. All recognizances and bail bonds shall be forthwith forwarded to the Court in the appropriate county.
(c) The accused shall, upon application, be granted a preliminary hearing.
10 Del. C. 1953, §  941;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1023. Disposition.

§ 1023. Disposition.
Where the facts warrant the Court may adjudge an adult guilty of the offense charged and may:
(1) Impose the penalty provided by law; or
(2) Suspend the penalty, or any part thereof, and place the person on probation under such terms and conditions as the Court deems proper.
10 Del. C. 1953, §  942;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1025. Expungement of adult police and court records.

§ 1025. Expungement of adult police and court records.
If a person is charged with or convicted of a crime in Family Court, expungement may be sought under subchapter VII of Chapter 43 of Title 11.
69 Del. Laws, c. 335, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 150, §§  3, 4;  76 Del. Laws, c. 392, §  6;  77 Del. Laws, c. 156, §  3;  77 Del. Laws, c. 348, §§  9-15;  77 Del. Laws, c. 416, §  1;  79 Del. Laws, c. 211, §  1;  82 Del. Laws, c. 83, § 9;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1031. Disposition.

§ 1031. Disposition.
In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may:
(1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may enter private property to take physical custody of a child to enforce the Court's custody order when such order requests the assistance of a police officer;
(2) Order a child's custodian to exercise such care and perform such acts as may be reasonably necessary to insure that the child shall obey the law and receive necessary care;
(3) Consent to a child's employment, or to enlistment into the armed forces, or to receiving medical care as may be required by law;
(4) Order a person under a duty to do so to pay through the Court or the Division of Child Support Services or directly to the spouse/ex-spouse or to the custodian of the child reasonable support for the spouse and/or child. And in such cases as the Court may deem appropriate enter an order of final judgment as to any past due support which judgment shall not be subject to subsequent modification by the Court;
(5) In an action to prevent a family member from conduct that imperils the family relationship, order the defendant to desist from the acts complained of, or order individual or family counseling with the court staff or with any appropriate counseling agency, or enter such other order as may be required;
(6) May commit an adult with a mental disorder or incapacity, or intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State which will consent to receive the person.
(7) [Repealed.]
10 Del. C. 1953, §  950;  58 Del. Laws, c. 114, §  1;  60 Del. Laws, c. 279, §  1;  60 Del. Laws, c. 647, §  1;  65 Del. Laws, c. 243, §  1;  69 Del. Laws, c. 160, §  1;  69 Del. Laws, c. 173, §  1;  69 Del. Laws, c. 335, §  1;  69 Del. Laws, c. 378, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 136, §  7;  77 Del. Laws, c. 43, §  3;  78 Del. Laws, c. 179, §  22;  79 Del. Laws, c. 371, §  8;  80 Del. Laws, c. 234, § 3;  83 Del. Laws, c. 461, § 1;
2023 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;
2023 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.;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1049L. Immunity.

§ 1049L. Immunity.
This State or a state agency, local governmental agency, law-enforcement officer, prosecuting attorney, clerk of court, or 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 Canadian domestic-violence protection order or the detention or arrest of an alleged violator of a Canadian domestic-violence protection order if the act or omission was a good faith effort to comply with this part.
80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1049M. Other remedies.

§ 1049M. Other remedies.
An individual who seeks a remedy under this part may seek other legal or equitable remedies.
80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1049N. Uniformity of application and construction.

§ 1049N. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.

§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1049P. Transition.

§ 1049P. Transition.
This part applies to a Canadian domestic-violence protection order issued before, on, or after January 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on, or after January 1, 2017. A request for enforcement of a Canadian domestic- violence protection order made on or after January 1, 2017, for a violation of the order occurring before, on, or after January 1, 2017, is governed by this part.
80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1051. Appeals generally.

§ 1051. Appeals generally.
(a) From any order, ruling, decision or judgment of the Court in any civil proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court.
(b) From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as provided by law to the Superior Court in the same county in which the case was adjudicated by the Court, with the further right of appeal as provided by law to the Supreme Court from an affirmance by the Superior Court of the order of the Court which was appealed, or from the entry of a judgment of conviction by the Superior Court upon a trial de novo on appeal to that Court.
(c) An appeal shall be taken within 30 days from the date of the disposition, or within such time as provided by law.
(d) No appeal shall stay the execution of any order of the Court unless such stay shall be specifically ordered by this Court in the first instance or by the appellate court.
10 Del. C. 1953, §  960;  58 Del. Laws, c. 114, §  1;  65 Del. Laws, c. 145, §  1;  66 Del. Laws, c. 162, §  1;  67 Del. Laws, c. 149, §  1;  69 Del. Laws, c. 335, §  1;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1052. Appeals from custody orders.

§ 1052. Appeals from custody orders.
(a) Any order of the Court relative to the custody of any child shall be subject to review.
(b) The child's parent, guardian, next friend or any interested person or agency, at any time within 30 days after the date of such order, may appeal to the Supreme Court.
(c) In the case of an indigent person, the Court may, in its discretion, waive surety for costs upon affidavit by such person that the person is without funds and means of prosecuting the appeal.
(d) The taxing of costs shall be within the discretion of the Supreme Court.
10 Del. C. 1953, §  961;  58 Del. Laws, c. 114, §  1;  66 Del. Laws, c. 162, §  2;  67 Del. Laws, c. 149, §  2;  68 Del. Laws, c. 53, §  2;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1061. Examination; treatment; payment.

§ 1061. Examination; treatment; payment.
(a) The Court may order any person within its jurisdiction examined by a licensed practitioner in the appropriate field, and if the examiner shall certify that treatment would be in the interest of the examined person and the public, order such treatment.
(b) The Court may, after a reasonable opportunity to be heard, order the examined person, or the person legally liable for the person's support, to repay the Court for its outlay on the person's behalf, such sum, in such manner, within the person's ability, as the Court determines.
10 Del. C. 1953, §  970;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1062. Assignment of prosecutors and public defenders.

§ 1062. Assignment of prosecutors and public defenders.
Sufficient prosecutors and public defenders shall be assigned to the Court in each county as are required in the judgment of the Attorney General, the Chief Defender and the Court.
10 Del. C. 1953, §  971;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  80 Del. Laws, c. 26, §  2;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1063. Proceedings; privacy, informality.

§ 1063. Proceedings; privacy, informality.
(a) All proceedings before the Court and all records of such proceedings may be private except to the extent that the Court may consider publication in the public interest except as provided below in subsection (b) of this section; provided, however, that proceedings in a crime classified as a felony shall be open to the public. Proceedings may, within the Court's discretion, be informal, but shall be consistent with decorum and the law.
(b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child's parents upon request by a responsible representative of public information media.
10 Del. C. 1953, §  972;  58 Del. Laws, c. 114, §  1;  59 Del. Laws, c. 77, §  1;  64 Del. Laws, c. 108, §  20;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1064. Merger; effect on Judges; employees; cases; records; prior offenses.

§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses.
(a) Effective September 7, 1971, the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties are merged into 1 Family Court and shall not thereafter function as separate Courts.
(b) All employees of the Family Courts at the time of the merger are employees of the merged court, without diminution of rank, position, authority, or compensation by reason of enactment of this chapter.
(c) Any case within the jurisdiction of the Family Court previously adjudicated in any court active at the time of the merger was transferred to and continued in the merged court, and the records therein are the records of the merged court, which shall carry out such orders as were previously made in the case.
(d) No offense committed and no penalty or judgment incurred under the provisions of any law existing prior to the merger shall be affected by this chapter.
10 Del. C. 1953, §  973;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1065. Obtaining personal jurisdiction.

§ 1065. Obtaining personal jurisdiction.
(a) Jurisdiction is acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods:
(1) By personal service.
(2) By leaving a copy at the party's dwelling house or usual place of abode with some person of suitable age and discretion residing there.
(3) By any form of mail.
(4) In the manner prescribed by court rule.
(5) In the manner directed by the Court, including publication in print or on a legal notices website established by the Court, if other methods of service have failed or are deemed to have been inadequate.
(b) If a party to whom papers have been transmitted by ordinary mail shall fail to appear in the action and there shall be no reliable proof that such party has received notice thereof, then the Court shall order that further effort be made to provide notice to that party which may include notice by certified or registered mail, or by any other method for providing notice specified in subsection (a) of this section above.
(c) Jurisdiction shall be acquired over a minor by any of the above methods directed to the minor and to the minor's parent, custodian or guardian.
(d) If, for any particular action, another statute or rule adopted pursuant to statute prescribes a method or methods for acquiring jurisdiction over a party, then jurisdiction shall be acquired thereby.
(e) It is not necessary to transmit papers or otherwise provide notice to a party who has entered an appearance in the action.
63 Del. Laws, c. 113, §  1;  69 Del. Laws, c. 335, §  1;  80 Del. Laws, c. 373, § 1;  83 Del. Laws, c. 96, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.

§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.
The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the rules of the Court.
73 Del. Laws, c. 130, §  3;  80 Del. Laws, c. 373, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter IV. Voluntary and Mandatory Human Immunodeficiency Virus Testing of Certain Sex Offenders › § 1075. Definitions.

§ 1075. Definitions.
For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening.
69 Del. Laws, c. 231, §  2;