Delaware Lethal Violence Protective Orders (LVPO)
A plain-English guide to Delaware’s Lethal Violence Protective Order law, including who may petition, emergency orders, Superior Court hearings, firearm relinquishment, prohibited-person status, termination, renewal and return of firearms.
Current Delaware Law
Emergency court: Justice of the Peace
Full order: Superior Court
Maximum initial order: 5 years
An LVPO temporarily restricts access to firearms
Delaware’s LVPO law allows a court to restrict firearm access when the required evidence shows that a person poses a danger of physically injuring themselves or others through access to a firearm or projectile weapon.
Law Enforcement Petition
A law-enforcement officer may seek an emergency LVPO in Justice of the Peace Court when immediate and present danger is alleged.
Family or Law Enforcement
A qualifying family member or law-enforcement officer may petition Superior Court for a nonemergency LVPO.
Firearm Access Restricted
An LVPO can prohibit owning, possessing, purchasing, controlling, accessing or receiving firearms or projectile weapons.
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Family members can now seek a nonemergency LVPO
Current Delaware law defines a petitioner to include certain family members of the respondent as well as law-enforcement officers. A family member may seek a nonemergency order in Superior Court. The emergency process in Justice of the Peace Court remains available to law enforcement.
What is a Lethal Violence Protective Order?
A Delaware Lethal Violence Protective Order is a civil court order that prohibits a person from controlling, owning, purchasing, possessing, having access to or receiving a firearm or projectile weapon.
The person against whom the order is sought is called the respondent. The central legal question is whether the respondent poses a danger of causing physical injury to themselves or others through access to firearms or projectile weapons.
LVPOs are firearm-focused orders
Unlike a Protection From Abuse order, an LVPO does not depend on establishing a domestic-abuse relationship between a petitioner and respondent. Its focus is the danger associated with the respondent’s access to firearms or projectile weapons.
Who can request an LVPO?
Qualifying family members
Current Delaware law allows family members within the categories referenced by Chapter 77 to petition Superior Court for a nonemergency LVPO.
Law-enforcement officer
A law-enforcement officer may petition for a nonemergency LVPO and is the person authorized to initiate Delaware’s emergency LVPO procedure.
Emergency petitions are different
A family member does not directly file the emergency LVPO petition under § 7703. The emergency petition is filed by a law-enforcement officer.
Emergency Lethal Violence Protective Orders
A law-enforcement officer may request an emergency LVPO from the Delaware Justice of the Peace Court when the officer alleges that the respondent poses an immediate and present danger of causing physical injury to themselves or others through firearm or projectile-weapon access.
The officer files an affidavit or verified petition identifying the alleged danger and the believed location of relevant firearms or projectile weapons.
Justice of the Peace Court must hear the emergency request within 24 hours after filing.
The emergency proceeding may occur without prior notice to the respondent and without the respondent having a right to be heard at that emergency stage.
The officer must establish the required immediate and present danger by a preponderance of the evidence.
What can an emergency LVPO require?
If the statutory standard is met, Justice of the Peace Court must order the respondent to relinquish covered firearms, projectile weapons and ammunition to the law-enforcement agency receiving the order.
The court may also:
Superior Court full hearing
A nonemergency LVPO is handled by Delaware Superior Court. If an emergency LVPO has already been issued, Superior Court must hold the full hearing within 15 days, subject to the statutory provisions concerning extensions.
For a nonemergency petition, a requested hearing generally must also be held within 15 days after filing unless Superior Court extends the time for good cause.
At the full hearing, the respondent has important procedural rights
Emergency and full orders use different evidence standards
Preponderance of the evidence
Law enforcement bears the burden of showing immediate and present danger under the emergency procedure.
Clear and convincing evidence
The petitioner must prove by clear and convincing evidence that the respondent poses the danger required by § 7704.
What happens to the respondent’s firearms?
When Superior Court issues an LVPO, the order requires relinquishment of firearms, projectile weapons or ammunition owned, possessed or controlled by the respondent.
A final LVPO also affects the respondent’s legal firearm status
Delaware’s persons-prohibited statute includes a person subject to an LVPO issued under § 7704 for as long as that order remains in effect and has not been vacated or otherwise terminated.
Can firearms be placed with another person?
Under § 7704, Superior Court may allow a respondent to relinquish firearms, projectile weapons or ammunition to a designee of the respondent.
The designee must satisfy specific requirements:
Do not arrange an informal transfer instead
When a court order controls possession or relinquishment, follow the specific order and court-approved procedure rather than independently transferring firearms to another person.
What if someone else in the household owns firearms?
Chapter 77 authorizes the court, in appropriate circumstances, to prohibit the respondent from residing with another individual who owns, possesses or controls firearms, projectile weapons or ammunition.
The order is directed at the respondent
The statute expressly states that this provision is not intended to impair the constitutional rights of another individual who is not subject to the court’s order.
How long can a Delaware LVPO last?
Until the full hearing
Superior Court normally must hold the full hearing within 15 days. An emergency order may be extended for statutory reasons but may not exceed 45 days.
Up to 5 years
Current Delaware law allows relief under § 7704 for a fixed period not exceeding five years.
This changed in 2025
Delaware previously limited the initial Superior Court LVPO to one year. Legislation effective August 20, 2025 increased the maximum initial period to five years.
Termination and renewal
Respondent request to terminate
A respondent subject to an LVPO may make one written request per year during the effective period of the order for a hearing seeking termination.
Respondent’s burden
The respondent must prove by clear and convincing evidence that the respondent no longer poses the danger described in the statute.
Petitioner request to renew
A petitioner may request renewal during the three months before the existing order expires.
Current § 7705 provides for a hearing and requires clear and convincing evidence that the respondent continues to pose the statutory danger in the near future.
When are firearms returned?
If the LVPO is vacated, terminated, or expires without renewal, Delaware law directs the law-enforcement agency to return firearms, projectile weapons or ammunition taken from the respondent under Chapter 77.
Return is subject to current legal eligibility
The firearm is not returned if the respondent is otherwise prohibited from possessing it under 11 Del. C. § 1448.
Violating an LVPO
Knowingly violating or failing to obey an LVPO can constitute criminal contempt under Delaware law.
Class A misdemeanor
Criminal contempt of an LVPO is generally a Class A misdemeanor unless the statutory felony circumstances apply.
Class F felony
Criminal contempt becomes a Class F felony when the contempt causes physical injury or involves the use or threatened use of a deadly weapon or firearm.
False statements can have criminal consequences
Delaware’s LVPO statute specifically addresses knowingly false sworn statements in affidavits, verified pleadings, termination or renewal requests, and court proceedings.
Petitions are sworn legal documents
Chapter 77 provides that a person who swears falsely in covered LVPO proceedings may be guilty of perjury under Delaware law.
LVPO vs. Protection From Abuse order
Firearm transfers and legal eligibility
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer focused on lawful transfers, responsible ownership and compliance.
A person subject to a firearm prohibition or court order should not attempt to purchase, receive or recover a firearm unless the person is legally eligible and the transaction is permitted by the applicable order and Delaware and federal law.
Frequently asked questions
What is a Delaware LVPO?
A Lethal Violence Protective Order is a civil court order restricting a respondent from controlling, owning, purchasing, possessing, accessing or receiving firearms or projectile weapons when the statutory danger standard is met.
Can a family member file for an LVPO in Delaware?
Yes. Current Delaware law allows qualifying family members to petition Superior Court for a nonemergency LVPO. Emergency LVPO petitions under § 7703 are filed by law-enforcement officers.
Can an emergency LVPO be issued without the firearm owner being present?
Yes. Delaware’s emergency procedure permits the initial hearing without notice to or participation by the respondent. If an emergency order is issued, a full Superior Court hearing follows under the statutory timeline.
How long can a Delaware LVPO last?
A Superior Court LVPO issued under § 7704 may currently remain in effect for a fixed period of up to five years. Emergency orders operate under shorter statutory limits pending the full hearing.
Can a person subject to an LVPO buy another firearm?
A respondent subject to a qualifying Superior Court LVPO is prohibited under Delaware law from purchasing, owning, possessing or controlling firearms while the order remains in effect.
Can someone else store the respondent’s firearms?
Superior Court may allow relinquishment to an approved designee who does not live with the respondent, is not prohibited from possessing firearms, and agrees to keep the firearms or ammunition out of the respondent’s possession.
Can an LVPO be terminated early?
Yes. A respondent may make one written request per year during the effective period for a termination hearing. The respondent has the burden of proving by clear and convincing evidence that the statutory danger no longer exists.
Are firearms automatically returned when an LVPO expires?
Firearms taken under Chapter 77 are generally returned when the order is vacated, terminated or expires without renewal, unless the person is otherwise prohibited from possessing them under Delaware law.
Is an LVPO the same as a PFA?
No. An LVPO is focused on firearm access and the danger of physical injury. A Protection From Abuse order is a separate Family Court remedy involving abuse in qualifying relationships, although PFAs can also contain firearm restrictions.
Official sources
10 Del. C. Chapter 77 — Lethal Violence Protective Orders
10 Del. C. § 7703 — Emergency LVPO hearings
10 Del. C. § 7704 — Nonemergency LVPO hearings
10 Del. C. § 7705 — Termination and renewal
10 Del. C. § 7706 — Return of firearms, projectile weapons and ammunition
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with Delaware Superior Court, the Justice of the Peace Court, the State of Delaware or any government agency. LVPO proceedings are fact-specific court proceedings and can significantly affect firearm rights. Anyone involved in an LVPO proceeding who needs individualized legal advice should consult a qualified attorney.
Persons Prohibited From Possessing Firearms in Delaware
Learn who Delaware law prohibits from purchasing, owning, possessing or controlling firearms and ammunition.