11 Del. C. § 1271A
This is the official text of 11 Del. C. § 1271A, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 1271A. Criminal contempt of a domestic violence protective order, lethal violence protective order, or sexual violence protective order; class A misdemeanor; class F felony.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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