Bill > SB73

This bill amends Delaware's law regarding Lethal Violence Protective Orders (LVPOs) to clarify that only law enforcement officers can request emergency relief in the Justice of the Peace Court. Specifically, the bill modifies Section 7702 of Title 10 of the Delaware Code to explicitly state that only law enforcement officers may file for emergency hearings under Section 7703, while preserving the right of other petitioners to request non-emergency hearings under Section 7704. The change addresses an ambiguity in the existing statute by removing the previous language that allowed any petitioner to request emergency relief and instead restricts emergency LVPO requests to law enforcement agencies. This aligns with the original legislative intent to prevent individuals from directly filing emergency petitions, similar to how citizen warrants are no longer accepted in the Justice of the Peace Court. The bill ensures that emergency protective order requests must come through official law enforcement channels, which helps maintain a more controlled and procedurally consistent approach to seeking urgent legal protection.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=141938