Title 10, Courts and Judicial Procedure

§ 568. Security of appeals. (a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed fr…

§ 1001. Records; expunging evidence of adjudication; destroying indicia of arrest [Repealed].10 Del. C. 1953, § 930; 58 Del. Laws, c. 491; 64 Del. Laws, c. 326, §§ 1, 2; 66 Del. Laws, c. 243, § 1; 69 Del. Laws, c. 335, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 150, §§ 1, 2…

§ 1002. Delinquent child not criminal; prosecution limited. (a) Except as provided in § 1010 of this title, no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency, nor shall a child be charged with or prosecuted for a crime in any other cour…

§ 1003. Commencement; parties. Any person having knowledge of a child within the State who appears to be neglected, dependent or delinquent may file with the Clerk of the Court a petition in writing setting forth the facts verified by affidavit. Neither the Attorney General nor a…

§ 1004. Duties of officer having child in custody. A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child’s custodian citing the reaso…

§ 1004A. Juvenile Offender Civil Citation Program [Effective until Feb. 20, 2027]. (a) There is hereby established a juvenile offender civil citation option to provide a civil alternative to arrest and criminal prosecution for eligible youth who have committed acts of delinquency…

§ 1005. Other courts; issuance of warrants; powers and duties. (a) Any judge of any state or municipal court or any official designated for such purpose may issue a warrant directing a peace officer to take into custody a child alleged to be delinquent. (b) Any judge of any court…

§ 1006. Process; service; return; interim order; investigation. (a) Following commencement of any action concerning a child, the child and the child’s custodian shall be brought into the Court by summons or other process. If no custodian can be located, the child’s guardian, or s…

§ 1007. Disposition of child pending adjudication; payment for care. (a) Pending adjudication no child alleged to be delinquent may be placed in secure detention operated, or contracted, by the Department of Services for Children, Youth and Their Families unless the Court determi…

§ 1007A. Determination of competency of child. (a) Definitions. — For the purpose of this section, the following definitions shall apply: (1) “Competency evaluator” shall mean an expert qualified by training and experience to conduct juvenile competency evaluations, familiar with…

§ 1007B. Use of restraints on a child. (a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, may not be used on a child during a court proceeding and must be removed either prior to or after the ch…

§ 1007C. Appointment of counsel for juveniles. (a) A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages. (b) If a juvenile is not represented by counsel at the juvenile’s initial Family Court appearance, the Court shall…

§ 1008. Committee on Dispositional Guidelines for Juveniles. (a) There is hereby established a Committee on Dispositional Guidelines for Juveniles. (b) The members of the Committee shall include the following persons or their designees: (1) The Chief Judge of the Family Court; (2…

§ 1009. Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect. (a) Where the evidence supports such holding, the Court may declare a child to be dependent, neglected, abused, as those terms…

§ 1009A. Probation before adjudication of delinquency. After accepting an admission or a plea of nolo contendere to an act of delinquency, the court may, prior to entering an adjudication of delinquency, under § 1009 of this title and with the consent of the child and the State, …

§ 1010. Proceeding against child as an adult; amenability proceeding; referral to another court. (a) A child, aged 16 or older, shall be proceeded against as an adult where: (1) The acts alleged to have been committed constitute first- or second-degree murder, rape in the first d…

§ 1011. Transfer of cases from Superior Court to Family Court; appeals of denials of transfers. (a) In any case in which the Superior Court has jurisdiction over a child, the Attorney General may transfer the case to the Family Court for trial and disposition if, in the Attorney …

§ 1012. Family Court Adjudicated Drug Court Program [Repealed].73 Del. Laws, c. 408, § 1; 74 Del. Laws, c. 135, §§ 1, 2; repealed by 82 Del. Laws, c. 91, § 2, effective July 4, 2019.;

§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon. Any individual who receives a Delaware gubernatorial pardon shall, as an effect of said pardon, automatically have that individual’s juvenile record, if any, expunged.75 Del. Laws, c. 1…

§ 1014. Juvenile expungement; statement of policy. The General Assembly finds that a juvenile criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect children and citizens…

§ 1015. Filing an expungement petition. (a) Persons eligible to petition for expungement. — Persons eligible to petition for expungement. A child, through the child’s parent, guardian, guardian ad litem, or attorney, or upon becoming an adult, may file a petition seeking to expun…

§ 1016. Definitions applicable to juvenile expungements. For purposes of juvenile expungement, unless the context otherwise requires: (1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or tri…

§ 1017. Mandatory expungement. (a) The Family Court shall grant a petition for expungement if 1 or more of the following apply to the person’s juvenile criminal history: (1) A case was terminated in favor of the child. (2) A case that resulted in an adjudication of delinquency on…

§ 1017A. Mandatory expungement; automatic. (a) A case that is eligible for mandatory expungement under § 1017 of this title is eligible for automatic expungement under this section. (b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identif…

§ 1018. Discretionary expungement. (a) The Family Court may grant a petition for expungement if the petitioner has no prohibitions pursuant to § 1015(b) of this title and the person’s juvenile criminal history contains 1 of the following: (1) [Repealed.] (2) A single case that re…

§ 1019. Effect of expungement; disclosure of expunged records. (a) The Court shall notify the State Bureau of Identification (Bureau) of any expungement order. If an order expunging part or all of a juvenile criminal history is granted by the court, all indicia of arrest, includi…

§ 1020. Notification to federal government [Repealed].78 Del. Laws, c. 188, § 2; repealed by 78 Del. Laws, c. 343, § 5, eff. July 18, 2012.;

§ 1021. Prosecution of adults; process; bail. (a) Prosecution of a person subject to the jurisdiction of the Court who has reached the person’s eighteenth birthday prior to the time of commission of the offense shall be without trial by jury and may be prosecuted either by an inf…

§ 1022. Duties of other courts. (a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs o…

§ 1023. Disposition. Where the facts warrant the Court may adjudge an adult guilty of the offense charged and may: (1) Impose the penalty provided by law; or (2) Suspend the penalty, or any part thereof, and place the person on probation under such terms and conditions as the Cou…

§ 1024. First offenders domestic violence diversion program. (a) For the purposes of this section, “domestic violence” means any act or acts committed by an adult against another person who falls into the protected class defined in § 1041(2)b. of this title, which constitute any …

§ 1025. Expungement of adult police and court records. If a person is charged with or convicted of a crime in Family Court, expungement may be sought under subchapter VII of Chapter 43 of Title 11.69 Del. Laws, c. 335, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 150, §§ 3, 4…

§ 1026. Expungement of offenses resolved by probation before judgment [Repealed]. Repealed by 77 Del. Laws, c. 348, § 16, effective October 10, 2010.

§ 1027. Expungement; records; access by law-enforcement officers [Repealed].69 Del. Laws, c. 335, § 2; 76 Del. Laws, c. 392, § 7; repealed by 82 Del. Laws, c. 83, § 10, effective Dec. 27, 2019.;

§ 1031. Disposition. In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may: (1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order…

§ 1041. Definitions [Effective until Jan. 1, 2027]. The following terms shall have the following meanings: (1) “Abuse” means conduct which constitutes any of the following: a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defin…

§ 1042. Commencement of action; procedure. (a) A request for relief from domestic violence is initiated by the filing of a verified petition by the petitioner, or by the Division of Child Protective Services or the Division of Adult Protective Services, asking the court to issue …

§ 1043. Ex parte orders and emergency hearings [Effective until Jan. 1, 2027]. (a) A petitioner may request an emergency protective order by filing an affidavit or verified pleading alleging that there is an immediate and present danger of domestic violence to the petitioner or t…

§ 1044. Nonemergency hearings. (a) Upon receipt of a petition for a protective order, the Court shall order a hearing within 30 days. (b) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry …

§ 1045. Relief available; duration of orders, modification, and termination. (a) After consideration of a petition for a protective order, the Court may grant relief in the form of any of the following: (1) Restrain the respondent from committing acts of domestic violence, as def…

§ 1046. Enforcement; sanctions for violation of order [Effective until Jan. 1, 2027]. (a) The Court may direct that pleadings and orders filed or issued under this part be served upon the respondent by the Sheriff or the Sheriff’s deputy or by any person authorized by statute or …

§ 1047. Nonpreclusion of remedies. Nothing in this part shall preclude a petitioner or law-enforcement officer from filing criminal charges when probable cause exists.69 Del. Laws, c. 160, § 2; 69 Del. Laws, c. 335, § 1;

§ 1048. Jurisdiction. The Family Court shall have jurisdiction of proceedings under this part.69 Del. Laws, c. 160, § 2; 69 Del. Laws, c. 335, § 1;

§ 1049. Title. This part may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.”73 Del. Laws, c. 367, § 1;

§ 1049A. Definitions. In this part: (1) “Court” means the Family Court of the State of Delaware. (2) “Foreign protection order” means a protection order issued by a tribunal of another state. (3) “Issuing state” means the state whose tribunal issues a protection order. (4) “Mutua…

§ 1049B. Judicial enforcement of order. (a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in the Court. The Court shall enforce the terms of the order, including terms that provide r…