Delaware Code Title 11 Sec. 1271A – Criminal contempt of a domestic violence protective order, lethal …
(a) (1) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by: the Family Court; a court of any state, territory, or Indian nation in the United States, as long as such violation or failure to obey occurred in Delaware; or a court of Canada, as long as such violation or failure to obey occurred in Delaware.
(2) A person is guilty of criminal contempt of a lethal violence protective order or sexual violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by the Justice of the Peace Court or Superior Court, as long as such violation or failure to obey occurred in Delaware.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class F felony | up to 3 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 1271A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order is a class A misdemeanor, unless any of the elements set forth in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order, a lethal violence protective order, or a sexual violence protective order if:
(1) Such contempt resulted in physical injury.
(2) Such contempt involved the use or threatened use of a deadly weapon or firearm.
(d) A person found guilty of criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order shall receive a minimum sentence of 15 days incarceration if:
(1) Such contempt resulted in physical injury.
(2) Such contempt involved the use or threatened use of a deadly weapon or firearm.
(3) The defendant was convicted of criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order under this section on 2 or more prior occasions.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible for probation, parole, furlough, or suspended custody during the sentence.
(f) The Superior Court has exclusive jurisdiction over offenses under paragraph (a)(2) of this section.
69 Del. Laws, c. 160, § ?4; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 179, § ?1; 72 Del. Laws, c. 63, § ?1; 76 Del. Laws, c. 117, §§ ?1-4; 80 Del. Laws, c. 373, § 2; 81 Del. Laws, c. 274, § 2; 83 Del. Laws, c. 449, § 2;