State v. Fabi ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, :
:
: ID No. K24M-07-007
:
v. :
:
:
STEVEN FABI, :
:
:
Respondent. :
Submitted: August 9, 2024
Decided: August 16, 2024
Supplemental Lethal Violence Protective Order
On this 16th day of August 2024, having considered the State’s position
regarding the proper scope of a Lethal Violence Protective Order (“LVPO”), and
whether the LVPO prevents Mr. Fabi from residing in a camper on his family’s
property if his family maintains firearms or ammunition on the premises, it appears
that:
1. The Court held a Lethal Violence Protective Order (“LVPO”) hearing
in this matter on July 16, 2024. After the hearing, the Court issued a LVPO
prohibiting Mr. Fabi from, inter alia, residing with another individual who owns,
possesses, or controls firearms or ammunition for the duration of the LVPO.1 At the
hearing, the evidence demonstrated that Mr. Fabi lived in a camper on his parents’
1
As contemplated by 10 Del. C. § 7704(d) & (j), the LVPO also prohibits Mr. Fabi from owning,
possessing, purchasing, or controlling any firearm or firearm ammunition for a period of one year.
The LVPO remains in effect until July 16, 2025.
property adjacent to their home. The evidence further demonstrated that his parents
own and keep firearms in their home. During the hearing, the State also represented
that Mr. Fabi has free access to his parents’ residence for purposes of showering and
everyday incidentals. Mr. Fabi did not contest those assertions.
2. At the conclusion of the hearing, the State raised the issue of whether
Mr. Fabi’s parents’ home should be considered his residence for purposes of the
LVPO. The State contended that it should be. Mr. Fabi contended that it should not.
3. The Court then invited the parties to provide supplemental written
arguments regarding whether Mr. Fabi should be permitted to reside in a camper on
his parents’ property if there are any firearms in his parents’ residence. The State
timely filed its supplement on July 26, 2024. Mr. Fabi’s response was due ten days
thereafter, but he has elected not to respond.
4. After considering the State’s argument, the Court agrees with the State’s
contention that Mr. Fabi’s parents’ residence should be considered his residence for
purposes of this LVPO.2 Mr. Fabi’s camper is located on his parents’ property and
Mr. Fabi has free and unfettered access to their home. Under the circumstances of
this case, their home is appropriately considered his residence. As a result, Mr. Fabi
must not reside anywhere on his parents’ property during the term of the LVPO if
there are firearms anywhere on the property.
5. Accordingly, the Court hereby supplements the LVPO to clarify that
Mr. Fabi is prohibited from residing anywhere on his parents’ property, located at
4600 Holletts Corner Road, Clayton, Delaware 19938, in a camper or elsewhere, if
there are any firearms or ammunition on the property. This Supplemental Order
will remain in effect until July 16, 2025, subject to Mr. Fabi’s rights pursuant to 10
Del. C. § 7704 (f). The State is responsible for notifying the appropriate law
2
See id. § 7704(d)(3) (providing that an LVPO may “[p]rohibit the respondent from residing with
another individual who owns, possesses, or controls firearms or ammunition.”).
enforcement agency or agencies of the issuance of this Supplemental Order.
Furthermore, because the Court issues this Order after the day of the hearing that
resulted in the LVPO, this Supplemental Order shall be personally served on Mr.
Fabi as soon as practical.3
WHEREFORE, the LVPO granted on July 16, 2024, is hereby
Supplemented to include the additional conditions provided in paragraph 5 above.
The LVPO is not otherwise modified by this Order and remains fully in effect.
IT IS SO ORDERED.
/s/Jeffrey J Clark
Resident Judge
oc: Prothonotary
cc: Jaevan C. Owens, DAG (Via Email)
Mr. Steven Fabi (Certified Copy Via Personal Service and U.S. Mail)
3
See id. §7704 (h) (requiring that the Court provide “a certified copy of the order to the petitioner
and respondent after the hearing and before the petitioner and respondent leave the courthouse.”).