Rule 402. Parties, Filing and Service [Effective Jan. 5, 2026]

(a) Parties. There is only one petitioner and one respondent per petition. If petitioner and respondent are within the protected class, the petition may allege abuse against the petitioner or the petitioner's minor child or children, and protection may be afforded to either or both. If jurisdiction is based solely upon the relationship of a minor child and the respondent, then protection of the minor child must be sought as provided in Rule 408.

(b) Pleading. Each petition shall allege sufficient facts to provide reasonable notice of the abuse alleged to have been committed including when and where the abuse occurred, and the full name, date of birth, and address of the respondent except as provided in subparagraph (c)(3).

(c) Service. Service shall occur as provided in Rule 5. Actual or remote appearance either for case review or any hearing, or the filing of a responsive pleading (including but not limited to requests for continuance or to participate remotely) or the filing of a counter-petition shall constitute a voluntary appearance.

(1) Multiple methods of service authorized. If respondent does not voluntarily appear, and has not been served either personally or by any form of mail addressed to the person to be served and requiring a signed receipt, and there is no other evidence satisfactory to the Court of actual receipt, then notice of the proceedings transmitted by regular mail and publication may be deemed sufficient.

(2) Regular Mail. Initial service by regular mail alone may include any mailing address provided by the petitioner, Department of Motor Vehicles (DMV), Delaware Criminal Justice Information System

(DELJIS) , and the most recent address provided by the respondent to the Family Court or confirmed by personal service or return receipt of mail in the context of other Family Court litigation.

(3) Publication. A case may proceed by publication alone if all addresses, if any, listed in paragraph 2 have been attempted and petitioner has diligently attempted to provide respondent's whereabouts. The petitioner shall establish through sworn testimony or affidavit their reasonably diligent efforts to ascertain the respondent's actual whereabouts.

(4) Nonresident Respondents. If the respondent is not a resident of Delaware, the petition shall allege with particularity the respondent's contacts, if any, with Delaware and how those contacts may relate to the alleged abuse. The absence of contacts is not a ground for dismissal but may limit the scope of available relief.

(d) Amended Petitions. Notwithstanding Rule 15(a), PFA petitions may be amended without leave of court until the day prior to case review even if the opposing party has been served or has appeared in the action. Subsequent amendments shall be governed by Rule 15.

(e) Counter-Petitions. A counter-petition is a PFA petition filed by a respondent to a pending PFA petition against the original petitioner. If service of the original petition on the counter-petitioner does not appear to have been previously accomplished, the Court shall mail the original service packet to the respondent at the address provided in their counter-petition. Furthermore:

(1) Service and Timeliness. Notwithstanding Rule 13, a counterclaim must be pursued by separate counter-petition. A timely counter-petition will be served by the Court by regular mail to the most recent address provided to the Court by the original petitioner, or to their attorney of record. A counterpetition is timely if it is filed before or within seven (7) days after the first case review at which personal jurisdiction over the respondent is confirmed, or the day preceding trial, whichever first occurs.

(2) Consolidation. A timely counter-petition filed before case review will be presumptively consolidated for trial with the original petition. Unless the parties stipulate to a consolidated trial, a counter-petition filed after case review will be reviewed by the Court to determine whether consolidation can be reasonably accommodated. If a counter-petition alleges only new transactions or occurrences, the original petition may be freely amended with any allegations of abuse that correspond with the counter-petition.

(3) Compulsory Counterclaims. Except in the context of a timely counter-petition, abuse arising out of the same transactions or occurrences that were alleged in a previous petition cannot constitute the factual basis for a protective order unless the previous petition was dismissed without prejudice as determined under Rule 41. History. Adopted, effective Jan. 5, 2026.