Delaware § 3535 Protective orders — Issuance

Delaware Statutes

§ 3535 — Protective orders — Issuance

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 35 WITNESSES AND EVIDENCE·Subch. Intimidation of Witnesses and Victims

Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense attorney) find that intimidation or dissuasion of a victim or witness has occurred (or is reasonably likely to occur) and may issue orders including, but not limited to, the following:

(1)An order that a defendant not violate any provision of this subchapter;

(2)An order that a person before the court other than a defendant (including, but not limited to, a subpoenaed witness) not violate any provision of this subchapter;

(3)An order that a designated person maintain a prescribed geographic distance from any other person specified by the court; (4

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Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense attorney) find that intimidation or dissuasion of a victim or witness has occurred (or is reasonably likely to occur) and may issue orders including, but not limited to, the following:

(1) An order that a defendant not violate any provision of this subchapter;

(2) An order that a person before the court other than a defendant (including, but not limited to, a subpoenaed witness) not violate any provision of this subchapter;

(3) An order that a designated person maintain a prescribed geographic distance from any other person specified by the court;

(4) An order that any designated person have no communication whatsoever with any person specified by the court, except through an attorney, and under such reasonable restrictions as the court may impose;

(5) An order for a hearing to determine if any order under this section should be issued;

(6) An order that a particular law-enforcement agency within the jurisdiction of the court provide protection for a person specified by the court.

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