Domestic violence is an ongoing issue throughout the United States and many states are working to combat the problem. Delaware has a program that works to protect victims known as the Protection From Abuse petition. If a person is the victim of domestic violence, they can apply for a PFA petition.
The domestic violence victim has to prove that they were physically, mentally, or emotionally abused. If a PFA is ordered, there are a number of things that can happen. The abuser may be ordered to leave the marital home and may have to make support payments to the victim that can assist them in paying the expenses associated with the residence. If the victim remains in the marital home, the abuser may also be ordered to provide this person with a vehicle.
One question that many victims have is regarding what happens if there is a child custody arrangement in place between the two parents. There are a number of different ways that you can handle this type of matter. If a PFA is ordered, the abusive parent may have limited or no contact with the children at all, depending on your situation. If the parent is abusive towards the children as well, they can also receive protection through the court from the abusive parent.
Protection From Abuse orders can provide victims with protection from their abuser for a year but can be up to two years if the situation requires it. If you want to extend the order, you will have to file a motion with the court. If an order of protection is violated in Delaware, the offender may face a fine of up to $2,300 or spend up to a year in jail.
If you are the victim of domestic violence, do not hesitate to contact our firm so we can help you get the protection you need.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.