Title 10 — Courts and Judicial Procedure
63 chapters · 561 sections in this title.
10 Del. C. § 7701. Definitions.
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§ 7701. Definitions. As used in this section: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court…
10 Del. C. § 7702. Commencement of action; procedure.
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§ 7702. Commencement of action; procedure. (a) A law-enforcement officer may request relief under § 7703 of this title by filing an affidavit or verified petition. (b) Any petitioner may request relief under § 7704 of this title by filing an affidavit or verified petition. (c) A …
10 Del. C. § 7703. Emergency hearings.
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§ 7703. Emergency hearings. (a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following: (1) Alleges that respondent poses an immediate and presen…
10 Del. C. § 7704. Nonemergency hearings.
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§ 7704. Nonemergency hearings. (a) A petitioner may request a lethal violence protective order by filing an affidavit or verified petition in the Superior Court that does both of the following: (1) Alleges that the respondent poses a danger of causing physical injury to self or o…
10 Del. C. § 7705. Termination and renewal.
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§ 7705. Termination and renewal. (a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request per year during the effective period of the order for a hearing to term…
10 Del. C. § 7706. Return and disposal of a firearm, projectile weapon, or ammunition.
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§ 7706. Return and disposal of a firearm, projectile weapon, or ammunition. If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the res…
10 Del. C. § 7707. Limitation on liability.
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§ 7707. Limitation on liability. (a) Nothing in this chapter precludes a petitioner or law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or filing criminal charges when probable cause exists. (b) A law-enforcement officer, who…
10 Del. C. § 7708. Sanctions.
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§ 7708. Sanctions. (a) Any person who violates a lethal violence protective order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who swears falsely, as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7702, § 7703, or § 770…
10 Del. C. § 7709. Rules and regulations.
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§ 7709. Rules and regulations. The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this ch…