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Legal Options

Criminal System:

• If you are considering reporting your assault to police and pressing charges against the assailant, time is a serious factor. Read all about your Reporting Options to help you decide what to do.
• Protection From Abuse Order (PFA): If you are the victim of Intimate Partner Violence or Domestic Violence, you may wish to apply for a PFA, which would legally prohibit the perpetrator from coming into contact with you. You may apply for a PFA when intimate partner violence has occurred regardless of your relationship status: past or present partners; married or unmarried; living together or separately; teenagers, young adults, or older adult partners; share a child or not; or oppositte-sex or same-sex partners. If you wish to obtain a PFA in New Castle County, Delaware, you need to go to Family Court to apply. There is an excellent Domestic Violence Advocacy Program providing assistance to victims through the court process to obtain a PFA. Call 302-255-0420 to reach DVAP. Explore the rest of Child, Inc.'s website to learn about a number of services they provide related to intimate partner violence and other issues.
• The legal process can be scary and emotionally difficult for the survivor. Many victims find it just as traumatic as the assault itself. However, some survivors feel validated by the process and experience a sense of empowerment in standing up for themselves and in having the perpetrator held accountable for their actions. Only you can make the decision about whether or not pressing charges is right for you, but an SOS Advocate would be able to listen, answer questions, and discuss various considerations.
• For more information about the Criminal Justice system in Delaware, see the Delaware Criminal Justice Council.
• For more information about the state's Victim Advocacy Program as well as the legal process, visit the Delaware Attorney General's Home Page. The Attorney General's website also has a page specifically focussed on Victim's Rights and Victim's Assistance programs in the state of Delaware. If the crime did not occur in Delaware, you may want to check out your home state's Attorney General's Office for information accurate to your situation. The National Center for Victims of Crime also has good info on Victim's Rights.

Civil System:

• Some victims, whether or not they pursue a criminal case against their assailant, decide they wish to pursue a civil lawsuit against the perpetrator. You may wish to contact a private attorney to learn more about this option.

To reach the SOS Victim Advocate on duty (24 hrs/day) call 302-831-2226. The person who answers will take a first name and phone number and the advocate will call you back within 10 minutes.

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