Delaware Statutes

§ 7705 — Termination and renewal

Delaware·Title 10·Part Special Proceedings·Ch. 77 Lethal Violence Protective Order
(a)A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request per year during the effective period of the order for a hearing to terminate the order.
(1)The Superior Court must provide notice to all parties and a hearing before the Court may terminate the order.
(2)The respondent must prove by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.
(3)If the Superior Court finds after a hearing that the respondent has met the burden imposed by paragraph (a)(2) of this section, the Court shall terminate

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Legislative History

81 Del. Laws, c. 274, § 1 ; 84 Del. Laws, c. 525, § 42 ; 85 Del. Laws, c. 148, § 2

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