Delaware Code Title 10 Sec. 7206 – Termination and renewal
(a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order.
(1) The Court must provide notice to all parties and a hearing before the Court may terminate the order.
(2) The respondent must prove by a preponderance of the evidence that the respondent no longer poses a danger of causing petitioner harm.
(3) If the Court finds after a hearing that the respondent has met the burden imposed by paragraph (a)(2) of this section, the Court shall terminate the order.
Terms Used In Delaware Code Title 10 Sec. 7206
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Petitioner: means the person named in a petition seeking a sexual violence protective order, or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, and who is not a member of a protected class under § 1041(2)a. See Delaware Code Title 10 Sec. 7202
- Respondent: means the person alleged to have engaged in the conduct giving rise to the petitioner's desire to seek a sexual violence protective order. See Delaware Code Title 10 Sec. 7202
- Sexual violence protective order: means an ex parte temporary order or final order granted under this chapter which includes a remedy specified by § 7204 or § 7205 of this title. See Delaware Code Title 10 Sec. 7202
(b) A petitioner may request a renewal of a sexual violence protective order at any time within 3 months before the expiration of a sexual violence protective order issued under § 7205 of this title or this subsection.
(1) The Court must provide notice to all parties and a hearing before the Court may renew an order issued under § 7205 of this title or this subsection.
(2) The petitioner must prove by a preponderance of the evidence that the respondent continues to pose a danger of causing petitioner harm.
(3) If the Court finds after a hearing that the petitioner has met the burden imposed by paragraph (b)(2) of this section, the Court shall renew the sexual violence protective order.
(4) The Court shall set the duration of the renewed sexual violence protective order, which may be up to 3 years. The order remains in effect unless terminated under subsection (a) of this section, renewed under this subsection, or expired and not renewed.