Delaware General Assembly

Passed 6/7/18

The General Assembly has ended, the current status is the final status.

HS 1 for HB 222 w/ HA 3

6/7/18

Bentz

This amendment provides that only a law-enforcement officer can petition the Justice of the Peace Court for an emergency order. This amendment changes the burden of proof for the issuance of the lethal violence protective order in an emergency hearing from probable cause to preponderance of the evidence. This amendment also clarifies that a lethal violence protective order issued by Superior Court is effective for up to 1 year. This amendment further clarifies that the Justice of the Peace Court’s office and the Superior Court’s Prothonotary’s office will provide forms and instructions for obtaining a lethal violence protective order. Finally, this amendment clarifies that if Superior Court or Justice of the Peace Court issues a lethal violence protection order, the Court is required to order the relinquishment of firearms and ammunition owned, possessed, or controlled by the respondent. This amendment also makes technical corrections

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