Del. Code Ann. tit. 11, § 1271A
Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4; 80 Del. Laws, c. 373, § 2; 81 Del. Laws, c. 274, § 2; 83 Del. Laws, c. 449, § 2;
(a) (1) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by: the Family Court; a court of any state, territory, or Indian nation in the United States, as long as such violation or failure to obey occurred in Delaware; or a court of Canada, as long as such violation or failure to obey occurred in Delaware.
- (2) A person is guilty of criminal contempt of a lethal violence protective order or sexual violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by the Justice of the Peace Court or Superior Court, as long as such violation or failure to obey occurred in Delaware.
- (b) Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order is a class A misdemeanor, unless any of the elements set forth in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order, a lethal violence protective order, or a sexual violence protective order if:
- (1) Such contempt resulted in physical injury.
- (2) Such contempt involved the use or threatened use of a deadly weapon or firearm.
(d) A person found guilty of criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order shall receive a minimum sentence of 15 days incarceration if:
- (1) Such contempt resulted in physical injury.
- (2) Such contempt involved the use or threatened use of a deadly weapon or firearm.
- (3) The defendant was convicted of criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order under this section on 2 or more prior occasions.
- (e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible for probation, parole, furlough, or suspended custody during the sentence.
- (f) The Superior Court has exclusive jurisdiction over offenses under paragraph (a)(2) of this section.
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4; 80 Del. Laws, c. 373, § 2; 81 Del. Laws, c. 274, § 2; 83 Del. Laws, c. 449, § 2