Delaware lawmakers are considering a bill that would expand the state’s definition of domestic abuse to enable victims of financial abuse — meaning their abuser limits their financial autonomy — to seek protection orders.
The bill, sponsored by state Rep. Eric Morrison, would also extend the definition of abuse to include withholding legal documents, including passports, to limit a victim's mobility and independence.
While financial abuse is often part of a broader pattern of abuse, the Delaware Family Court cannot issue protection orders for financial abuse alone.
But backers of the bill say that financial abuse can also be a core obstacle for victims attempting to flee their abuser.
In a hearing on Wednesday, House Judiciary Committee Chair Rep. Sean Lynn expressed reservations, arguing that Delaware’s protection order statute is already vulnerable to misuse as a shortcut in custody battles and that expanding the definition could exacerbate that.
“A custody case to get a custody order could take a year, but if I go in and file an ex parte order I can get a custody order today," he said. "It’s that balancing act that I’ve always found troublesome about the [personal from abuse] statute. On one hand, I want to protect victims of domestic violence. But on the other hand, the statute is abused.”
Backers contend that Family Court commissioners are entirely capable of identifying when a protection order is appropriate and when it is used as a shortcut to a custody order. Delaware Coalition Against Domestic Violence Policy Coordinator Dr. Nick Beard argues that while some cases are clear-cut, the only way to weed out questionable claims is to allow them to be heard by a commissioner.
“We heard of a case where a partner was hiding their insulin," she said. "If they are talking about how they need to stay in line in order to get access to insulin, maybe that’s abuse in and of itself, but it’s so fact-dependent and the family court commissioners do a wonderful job of hearing those facts and figuring out if it could be some kind of situation.”
The bill passed out of committee with limited support; three members of the committee, including Lynn, disapproved of the proposal.
