CHAPTER 137

FORMERLY

SENATE BILL NO. 48

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 10, Section 1041(1)(iv) of the Delaware Code by deleting the section in its entirety and substituting in its place the following:

"(iv) Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress, or to provoke a violent or disorderly response."

Section 2. Amend Title 10, Section 1045 of the Delaware Code by adding a new subsection (e) to read as follows:

"(e) Any subsequent support, custody, or visitation order entered by the Court in any proceeding brought pursuant to Title 13 shall supersede any relevant provisions regarding those issues which are included in a Protection from Abuse order, without the need to modify such protective order."

Section 3. Amend Title 10, Section 1045(c) of the Delaware Code by inserting the following language after the word "title.":

"Orders may be extended only after the Court finds by a preponderance of the evidence !hat domestic violence has occurred since the entry of the order, a violation of the order has occurred, if the respondent consents to the extension of the order or for good cause shown."

Section 4. Amend Title 10, Section 1045(a)(5) by deleting the words "and provide cur visitation with the respondent, if appropriate, including" and substituting the following language in its place:

". Either party may request visitation at any time during the proceeding. The Court may provide for visitation by separate interim visitation order pursuant to Title 13, which order shall he binding upon and enforceable against both parties.

Approved July 3, 1997