Sexual Violence Protective Orders & Firearms in Delaware
Learn how Delaware Sexual Violence Protective Orders can affect firearm possession, purchasing and access, including temporary orders, firearm relinquishment, law-enforcement seizure, Delaware FFL storage and return of firearms.
Court-Ordered Firearm Restrictions
Emergency hearing: Within 72 hours
Final order: Up to 3 years
Firearms: Relinquishment may be ordered
What is a Sexual Violence Protective Order?
A Sexual Violence Protective Order, or SVPO, is a civil Superior Court order intended to protect a victim of non-consensual sexual conduct or penetration from future harm by the respondent.
Victims of Sexual Violence
The law covers qualifying non-consensual sexual conduct or penetration and related fear of future harm.
Superior Court
SVPO proceedings are filed in Delaware Superior Court rather than Family Court.
Relinquishment & No Purchase
An order may require firearm relinquishment and prohibit receiving or purchasing additional firearms.
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Who can request an SVPO?
A petition may be filed by a person who alleges they are the victim of non-consensual sexual conduct or non-consensual sexual penetration.
Delaware law also permits certain people to file on behalf of a minor child, vulnerable adult, or another adult who is unable to file because of age, disability, health or inaccessibility.
SVPOs fill a different role from PFAs
Delaware Courts describes the SVPO process as a civil remedy particularly relevant when the victim and respondent do not have the family or dating relationship ordinarily required for a Protection From Abuse proceeding.
Age requirements for an SVPO
Age 16 or older
A person age 16 or 17 may seek relief without being required to proceed through a guardian ad litem.
Must be 18 or older
Chapter 72 does not permit an SVPO action to be brought or maintained against an individual under age 18.
Where is an SVPO filed?
The petition is filed in Superior Court in the county where the petitioner resides, where the respondent resides, or where the alleged non-consensual sexual conduct or penetration occurred.
No filing fee
Delaware law does not impose a filing fee for an SVPO proceeding.
Emergency temporary SVPO
A petitioner may request an emergency ex parte temporary SVPO when the statutory requirements are alleged, including an immediate and present danger of physical injury to the petitioner.
Court must hear the emergency request within 72 hours of filing.
The respondent does not have a right to notice or to participate at the temporary stage.
The petitioner bears the statutory burden of proof.
If a temporary order is issued, a full hearing must generally be held within 15 days. The temporary order may be extended for service or protection purposes but may not exceed 45 days.
Can an emergency SVPO affect firearms?
Yes.
A temporary SVPO may order the respondent to relinquish firearms and refrain from purchasing or receiving additional firearms for the duration of the order.
The court may also direct an appropriate law-enforcement agency to immediately search for and seize firearms or ammunition owned, possessed or controlled by the respondent.
What happens at the full SVPO hearing?
At the full hearing, the respondent has the right to receive notice, be heard, present evidence and cross-examine adverse witnesses.
The petitioner bears the burden of proving the statutory requirements by a preponderance of the evidence.
If the statutory standard is met
Superior Court issues an order restraining the respondent from contacting the petitioner and may impose additional relief authorized by Chapter 72, including firearm-related restrictions.
What firearm restrictions may be included in an SVPO?
Relinquishment
The respondent may be ordered to temporarily relinquish firearms.
No Purchase or Receipt
The order may require the respondent to refrain from purchasing or receiving additional firearms during the order.
Search & Seizure
Law enforcement may be directed to immediately search for and seize firearms or ammunition.
Can firearms be relinquished to a Delaware FFL?
Yes, if permitted by the court order.
Chapter 72 permits the court to order temporary relinquishment to either a police officer or a federally licensed firearms dealer located in Delaware.
The actual order controls
A respondent should follow the specific terms of the court’s order and should not independently move, transfer or dispose of firearms in a manner inconsistent with the order.
Court-ordered firearm search and seizure
Superior Court may direct the law-enforcement agency with jurisdiction where the respondent lives, or where the firearms or ammunition are located, to immediately search for and seize firearms or ammunition owned, possessed or controlled by the respondent.
Do not interfere with service or enforcement of the order
Knowingly violating or failing to obey an SVPO can result in criminal contempt proceedings.
How long can an SVPO last?
Up to 45 days
Normally lasts until the full hearing, with statutory extensions available for service or protection.
Up to 3 years
A final SVPO may be entered for a fixed period not exceeding three years.
Termination and renewal
One termination request
A respondent may submit one written request during the effective period for a hearing to terminate the order and must prove by a preponderance of evidence that the respondent no longer poses a danger of causing the petitioner harm.
Renewal
A petitioner may request renewal within three months before expiration. A renewed order may also last up to three years.
What happens to firearms when the SVPO ends?
If an SVPO is vacated, terminated, or expires without renewal, firearms or ammunition taken from the respondent under Chapter 72 are generally returned by law enforcement.
Return is not automatic if another prohibition applies
Chapter 72 specifically provides that firearms need not be returned if the respondent is otherwise prohibited from possessing them under 11 Del. C. § 1448.
Violating an SVPO
Knowingly violating or failing to obey an SVPO may constitute criminal contempt under 11 Del. C. § 1271A.
Class A misdemeanor
A knowing violation is generally criminal contempt at the misdemeanor level unless the felony circumstances apply.
Class F felony
Criminal contempt becomes a Class F felony when the violation causes physical injury or involves the use or threatened use of a deadly weapon or firearm.
SVPO vs. PFA vs. LVPO
Sexual Violence
Designed for qualifying sexual-violence situations, particularly where the parties do not have the relationship required for a PFA.
Domestic / Family Abuse
Family Court process addressing abuse within qualifying family, household or dating relationships.
Danger Involving Firearms
Focuses specifically on the danger that a respondent may cause physical injury to self or others through firearm access.
Court-ordered firearm relinquishment to an FFL
Coastal Firearms
Delaware law permits an SVPO to direct temporary firearm relinquishment to a police officer or a federally licensed firearms dealer located in Delaware.
Whether a particular FFL can accept firearms under an SVPO depends on the terms of the court order, the firearms involved and the dealer’s procedures.
A person subject to an order should not transport firearms to a dealer without first confirming that doing so is consistent with the order and that the dealer is prepared to receive them.
Frequently asked questions
What is a Delaware Sexual Violence Protective Order?
An SVPO is a civil Superior Court order intended to protect a qualifying victim of non-consensual sexual conduct or penetration from future harm by the respondent.
Can an SVPO require someone to surrender firearms?
Yes. Delaware law permits Superior Court to order temporary firearm relinquishment to a police officer or a federally licensed firearms dealer located in Delaware.
Can someone subject to an SVPO buy another firearm?
The court may order the respondent to refrain from purchasing or receiving additional firearms for the duration of the SVPO.
Can police seize firearms under an SVPO?
Yes. The court may direct an appropriate law-enforcement agency to immediately search for and seize firearms or ammunition owned, possessed or controlled by the respondent.
How long can an emergency SVPO last?
The full hearing generally must occur within 15 days. A temporary order may be extended as necessary for service or protection, but its duration may not exceed 45 days.
How long can a final SVPO last?
A final SVPO may remain in effect for a fixed period of up to three years. A renewed order may also last up to three years.
Are firearms returned when the SVPO expires?
Firearms or ammunition taken under Chapter 72 are generally returned when the order is vacated, terminated or expires without renewal, unless the respondent is otherwise legally prohibited from possessing them.
Is an SVPO the same as an LVPO?
No. An SVPO addresses qualifying sexual violence and future harm to the petitioner. An LVPO is a separate proceeding focused on danger of physical injury to self or others involving firearm access.
What happens if someone violates an SVPO?
A knowing violation may constitute criminal contempt. The offense is generally a Class A misdemeanor and can become a Class F felony when the violation causes physical injury or involves the use or threatened use of a deadly weapon or firearm.
Official sources
10 Del. C. Chapter 72
Delaware Sexual Violence Protective Order law.
11 Del. C. § 1271A
Criminal contempt involving protective orders.
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with Delaware Superior Court or any government agency. The exact language of a Sexual Violence Protective Order controls the respondent’s obligations. A person subject to an order involving firearms should follow the order precisely and obtain qualified legal advice when necessary.
Delaware Lethal Violence Protective Orders
Learn how Delaware LVPOs address firearm access when a respondent is alleged to present a danger of physical injury to self or others.