Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 9. The Family Court of the State of Delaware · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 1044 (2026)

Nonemergency hearings

✓ current as of May 2026
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(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; 
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2017–2025 · leading case: Larson v. Gibson (Del. 2025).
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Larson v. Gibson (Del. 2025). · cites it 2× “5 See 10 Del. C. § 1044(b) (“If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, .”
Stuart v. Stuart (Del. 2017). “In his appeal of the Commissioner’s order, the Husband stated he had new evidence of abuse he was unable to retrieve from his house before the PFA hearing. (7) Applying Family Court Rule 53.”
Thomas v. White (Del. 2019). “2 See 10 Del. C. § 1044(b) (providing that domestic violence must be established by a preponderance of the evidence).”
Painter v. Painter (Del. 2019). “4 10 Del. C. § 1044(b). 5 10 Del. C. § 1041(1)(d), (2)(b).”
Robinson v. Robinson (Del. 2023). “Painter,9 the Family Court judge held that the Commissioner erred in finding that a barrage of text messages the Father sent the Mother between September 26, 2021 and October 10, 2021 did not constitute an alarming or distressing course of conduct likely to cause fear or…”
— 10 Del. C. § 1044(b) — 5 cases
Larson v. Gibson (Del. 2025). “5 See 10 Del. C. § 1044(b) (“If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, .”
Stuart v. Stuart (Del. 2017). “In his appeal of the Commissioner’s order, the Husband stated he had new evidence of abuse he was unable to retrieve from his house before the PFA hearing. (7) Applying Family Court Rule 53.”
Thomas v. White (Del. 2019). “2 See 10 Del. C. § 1044(b) (providing that domestic violence must be established by a preponderance of the evidence).”
Painter v. Painter (Del. 2019). “4 10 Del. C. § 1044(b). 5 10 Del. C. § 1041(1)(d), (2)(b).”
Robinson v. Robinson (Del. 2023). “Painter,9 the Family Court judge held that the Commissioner erred in finding that a barrage of text messages the Father sent the Mother between September 26, 2021 and October 10, 2021 did not constitute an alarming or distressing course of conduct likely to cause fear or…”
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