Gov. Markell has signed HB 336 into law to strengthen protection from abuse orders (PFAs) by extending PFA no contact provisions and setting circumstances under which these provisions can be extended for life.
Law enforcement from various agencies, advocates for victims of domestic violence, Attorney General Beau Biden and sponsors of the legislation joined Markell for the signing Monday, July 12 at the Wilmington Police Department.
"No one should need to live in fear," Markell said. "We want anyone who labors under the threat of violence to be able to get the protective order they need, for as long as they need. One of government¹s
functions is to protect its citizens."
Added Biden: "Requiring survivors of domestic violence to reapply for the legal protection they deserve is an unnecessary hardship. Today we are lifting that heavy burden from their shoulders and putting it exactly where it should be on the perpetrator."
The new law:
- Extends the initial maximum duration of most PFA¹s from one year to two years
- Allows the no-contact provision of PFA¹s to remain effective throughout the victim¹s lifetime in cases where abuse is most egregious, including where a deadly weapon is used, where prior protective orders continue to be violated and/or the court believes there is going and immediate danger
Heretofore, there have been no permanent restraining orders in Delaware, said Rep. Michael A. Barbieri (D-Newark), the bill's prime sponsor and chairman of the House Health & Human Development. The new law adds that option for cases in which Family Court determines there is a need for such an order, he said.
"People who suffer from abuse often struggle with esteem issues and find themselves trapped in an untenable situation," Barbieri said. "The current system puts the burden of requesting an extension on the person who is struggling, and that only aggravates the situation. With this new law, we will be better able to protect our most vulnerable citizens while making the system less cumbersome."
House Bill 336 is co-sponsored by Senate Majority Leader Sen. Patricia M. Blevins (D-Elsmere), Rep. Deborah D. Hudson (R-Fairthorne), and Senate Minority Whip Sen. Liane M. Sorenson (R-Hockessin).
HB 336 was drafted by the Domestic Violence Coordinating Council.
