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Domestic violence in Wilmington, U.S, is treated gravely under the law. It is defined as the systemic perpetration of controlling behavior, physical, sexual, stalking, verbal, or psychological abuse by one partner against another in an intimate relationship. This includes spousal abuse, abuse by a cohabitant, dating violence, and family abuse. If found guilty, perpetrators may face serious criminal consequences, including imprisonment and/or financial penalties.
Legal advice may be essential in matters of domestic violence. Victims often require a restraining or protection order, divorce, custody of children, or spousal support. Lawyers help victims navigate these legal processes efficiently. If you are accused of domestic violence, a lawyer can help you understand the charges, potential defenses, and represent you in court.
In Wilmington, domestic violence laws are enforced under the Delaware Code, Title 10, Chapter 9. The person seeking protection can apply for a Protection From Abuse Order, a civil order that provides legal protection from domestic violence. The State also provides a "no-tolerance policy" which strictly guards against an abuser violating protective orders. Besides criminal charges, the Delaware law also supports victims by offering civil remedies.
Domestic violence includes physical harm, fear for physical harm, sexual assault, or stalking committed by a family member, current or former spouse, person the victim has a child in common with, or current or former cohabitant.
Victimized individuals are advised to call the police immediately, seek medical care if needed, and connect with a local domestic violence program to access services like counseling and legal assistance. A restraining order may also be sought against the abuser.
The order can last up to one year with possible extensions.
Dismissal of charges depends on various circumstances such as evidence, witness statements, and previous incidents. If the prosecution lacks substantial evidence, the charges could be dismissed.
A person in violation of a PFA order can face criminal charges which could lead to imprisonment or hefty fines.
For immediate help, individuals should contact the Wilmington Police Department or dial the National Domestic Violence Hotline at 1−800−799−7233. Alternative resources include Delaware Coalition Against Domestic Violence (DCADV), and the domestic violence program, CHILD Inc., which provides immediate shelter, counseling services, and legal help.
If you're in immediate danger, call 911. To pursue a Protective Order or for legal advice, consult a lawyer or a local advocacy group. Create a safety plan if you're living with your abuser and document incidents of abuse when safely possible. Be assured that help is available and remember, you deserve to live free from fear and violence.
