Civil Arrests

Del. Code tit. 10, ch. 82
in effect

Del. Code tit. 10, § 8201 Definitions.

As used in this chapter: (1) “Civil arrest” means an arrest or detention for matters not related to criminal law enforcement or other judicial order authorizing such arrest. (2) “Courthouse” means any building or facility where State judicial proceedings are conducted or where the offices of judicial officers or employees are housed. (3) “Office of the Delaware Industrial Accident Board” means any Department of Labor office location where the Delaware Industrial Accident Board conducts hearings or other proceedings.

Del. Code tit. 10, § 8202 Prohibition on civil arrest.

(a) No person may be subject to civil arrest while: (1) Going to, remaining at, or returning from a courthouse for matters related to a judicial proceeding. (2) Participating in or attending a judicial proceeding as a party, witness, attorney, or observer. (3) Going to, remaining at, or returning from the Office of the Delaware Industrial Accident Board for matters related to a workers’ compensation administrative proceeding. (4) Participating in or attending an administrative proceeding of the Delaware Industrial Accident Board as a party, witness, attorney, or observer. (b) This prohibition applies to the immediate surroundings of the courthouse or the Office of the Delaware Industrial Accident Board, including any contiguous public entryways, driveways, sidewalks, parking areas, and grounds intended to serve the courthouse or the Office of the Delaware Industrial Accident Board.

Del. Code tit. 10, § 8203 Prohibition on civil arrest; exceptions.

(a) Section 8202 of this title does not apply to arrests made pursuant to a judicial order authorizing such arrest. (b) A law-enforcement officer may conduct a civil arrest within a courthouse or the Office of the Delaware Industrial Accident Board if the law-enforcement officer provides the presiding judge or administrative officer written notice of the arrest in advance. The written notice must include the following: (1) The name of the individual to be arrested. (2) The nature of the civil violation. (3) A copy of the citation associated with the listed civil violation or other paperwork that documents the listed civil violation. (4) The time and location that the arrest will be attempted.

Del. Code tit. 10, § 8204 Enforcement and remedies.

(a) (1) A judicial officer has the power to prohibit activities that threaten access to state courthouses or court proceedings and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses or court proceedings. (2) A representative or member of the Industrial Accident Board has the power to prohibit activities that threaten access to administrative proceedings, and to prohibit interruption of the operations of the Industrial Accident Board, including protecting the privilege from civil arrest at an Office of the Industrial Accident Board. (b) A person arrested or detained in violation of this chapter may seek a writ of habeas corpus. (c) A person who knowingly violates § 8203 of this title may be liable for damages in a civil action for false imprisonment. (d) Courts may award attorneys’ fees and costs to prevailing parties in actions brought under this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c082/index.htmlFetched: 10/4/2026