Delaware Police Response to Domestic Violence

When Delaware police respond to a domestic violence (DV) call, their primary goal is to ensure immediate safety for survivors and others involved. Officers typically arrive promptly after a 911 call or report and assess the situation by speaking with all parties separately, gathering evidence, and documenting injuries or property damage.

When Can Officers Make an Arrest?

Delaware law allows officers to make an arrest if they have probable cause to believe domestic violence has occurred. This usually means visible injuries, witness statements, or other clear evidence of abuse. Police may arrest a suspected abuser on the spot or, in some cases, seek a warrant if the suspect is not present.

Police Reports vs. Criminal Charges

A police report documents the officer’s observations and statements collected at the scene and is the first step in the legal process. However, it is not the same as formal criminal charges. Prosecutors review reports and decide whether to file charges based on the evidence. Survivors do not need to initiate this process themselves; the state handles prosecution.

What Happens After an Arrest?

After arrest, the alleged offender is taken into custody and brought to court for an arraignment, usually within 24 hours. During arraignment, charges are read, and the judge considers bail or release conditions. Often, no-contact orders are issued to protect survivors by legally prohibiting the accused from contacting them.

Accessing Criminal Case Information

Survivors can obtain information about the criminal case by contacting the Delaware Prosecutor’s Office, or through the court clerk’s office where the case is filed. Online case search tools may also be available, allowing survivors to track case status, upcoming hearings, and orders entered by the court.

Overlap Between Criminal Cases, PFAs, and Family Court

It is common for criminal domestic violence cases to overlap with Protective From Abuse (PFA) petitions and family court proceedings involving custody, visitation, or divorce. Each process serves different purposes and follows separate rules but can influence one another to ensure survivor safety and legal remedies.

This article provides general information about Delaware’s domestic violence police response. It is not specific legal advice. Survivors may consider consulting legal professionals or victim advocates for guidance tailored to their situation.

For additional support and information, visit DV Support.