Domestic Violence Charges in Delaware: What Every Defendant Needs to Know

If you’ve been accused of domestic violence in Wilmington, you probably already know that it is one of the most stressful experiences a person can face. In Delaware, domestic violence charges carry not only the possibility of criminal penalties but also other consequences that can impact your family, employment, and reputation. Understanding how Delaware defines domestic violence, what to expect from the legal process, and how to protect your rights is extremely important if you’re facing charges in Delaware.

How does Delaware define domestic violence?

In Delaware, domestic violence does not constitute a single offense. Instead, it refers to specific crimes committed between family members, intimate partners, or members of your household. This can include:

• Assault – Causing or attempting to cause physical injury.
• Terroristic threatening or harassment – Using threatening language or behavior to instill a sense of fear.
• Stalking – Repeated unwanted contact or surveillance that causes fear or distress.
• Criminal mischief – Damaging property during a domestic incident.

What separates these charges from other criminal acts is the relationship between the parties. An incident that might otherwise be treated as a simple assault may be charged more seriously if it occurs in a domestic context.

Understanding protective orders

If you’re accused of domestic violence, courts will often move quickly to issue a no-contact or protective order. Such orders can require you to leave your home, stay away from your family members, and avoid all communication with the alleged victim. If you violate the protective order, that in and of itself is considered a criminal offense that can lead to an immediate arrest.

Even before the case is resolved, protective orders can impact child custody arrangements, limit your visitation rights, and create challenges for maintaining your employment or housing.

Potential penalties for a domestic violence conviction 

The penalties for a domestic violence conviction depend on the underlying charge and whether you have any prior offenses. Penalties can include:

• Jail or prison time, especially for repeat offenses or aggravated assaults
• Fines and restitution
• Mandatory counseling or anger-management programs
• Loss of the right to possess firearms under state and federal law

Beyond the courtroom, you can face lasting harm to your reputation, difficulty keeping a professional license, and problems with background checks.

Defenses to domestic violence in Delaware

While every case is different, common defense strategies in Delaware domestic violence cases include:

• Self-defense – Demonstrating that you acted to protect yourself from harm.
• False accusations – Challenging the credibility of the alleged victim when allegations come from anger, custody disputes, or retaliation.
• Insufficient evidence – Holding the prosecutor to their burden of proof, particularly if the alleged victim refuses to testify.
• Procedural errors – Excluding evidence that was obtained unlawfully in violation of your constitutional rights.

Since these cases are often emotionally charged, an experienced Wilmington defense lawyer can help establish objectivity and strategy to ensure that your side of the story is fully presented.

Talk to a Wilmington, DE, Domestic Violence Lawyer Today

Michael W. Modica represents the interests of Wilmington, DE, residents who have been charged with domestic violence. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.