Violating a protective order could mean fines or imprisonment. Protective Orders Laws. You can consult with a Mississippi domestic violence attorney in your area if you would like legal assistance regarding a domestic violence or protective order matter. Skip to content. Table of Contents, 1 How do I file a restraining order in Mississippi? If you and the abuser have minor children together , a temporary order can only last up to 30 days, maximum. However, if you do not have minor children together , a temporary protective order can be longer than 30 days, up to a maximum of one year.
A final order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It offers longer-term legal protection than the temporary order. A final order can last up until such time that the judge believes is appropriate. The expiration date will be clearly written on the order. However, if you are given temporary custody, visitation, or child support in a final protective order, those terms are only effective for days.
For a longer-lasting order addressing those issues, you would have to file separate petitions for custody, visitation, or support. If at the end of the day period, neither party has filed a separate petition regarding those issues, the custody, visitation, or support terms will go back to whatever order was in effect regarding those topics when the protective order was granted. Note: The protective order will have a warning to the abuser that possessing a firearm may be against federal law.
See our Federal Gun Laws pages for more information. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted. You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided. Skip to main content. Without assistance, the process can be challenging and time-consuming, involving formal legal documentation and complicated filing procedures.
We make it easier by providing you with all the forms and guidance you need to file for a restraining order quickly and effortlessly, and without the added expense of hiring an attorney.
Restraining orders, also known as protective orders, are designed to protect you from domestic violence, sexual abuse, harassment or stalking. If an offender violates a restraining order, they will be subject to arrest. If you want to understand more about restraining orders and how to get one, here is more information. You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section. Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives.
If you are being abused as is defined here , you can apply for a protective order against:. Any person over 18 or any person under 18 and legally married can file for a protective order. You can file for a protective order in any county or municipality where the abuser lives or in any county or municipality where an abusive act s took place.
In Mississippi, you may apply for a domestic violence protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a domestic violence protective order? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Mississippi? You can also visit our Safety Tips page for ways to increase your safety.
If you are being stalked or harassed, you may also want to go to the Stalking Prevention, Awareness, and Resource Center website for more resources related to stalking and harassment, as well safety planning information. Protective orders also do not cover many types of emotional or mental abuse. They can help you figure out your options and offer you support. To find a shelter or an advocate at a local program, please visit our MS Advocates and Shelters page.
There is no filing fee to get a protective order assuming that you eventually prove to the judge that you have been abused and the judge grants you the order. Although you do not need a lawyer to file for a protective order, it may be to your advantage to find a lawyer.
This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, if you can, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the MS Places that Help page. You will find contact information for courthouses on the MS Courthouse Locations page.
If you are going to be in court without a lawyer, our Preparing for Court — By Yourself section may be useful to you. You can file a petition for a protective order in a municipal, justice, county, chancery, or state military court. However, a petition that includes a request for emergency relief i. You can find a court near you by going to our MS Courthouse Locations page. Find the civil court clerk and request a petition for a permanent protective order, and also tell the clerk if you want a temporary order for immediate protection.
Usually you apply for these at the same time. The clerk will provide you with the forms that you need to file. Carefully fill out the forms. Write briefly about the incidents of violence, using descriptive language slapping, hitting, grabbing, choking, threatening, etc.
Be specific. Include details and dates, if possible. If you need assistance filling out the forms, ask the clerk for help. Some courts may have an advocate that can assist you. Also, a domestic violence organization may be able to provide you with help filling out the forms.
Note : Do not sign the petition until you have shown it to a clerk, as the form may need to be notarized or signed in the presence of court personnel. After you finish filling out the forms, bring them to the court clerk. The clerk will forward them to a judge. The judge may wish to ask you questions as he or she reviews your petition. The judge will decide whether or not to issue the temporary order, and a date for a permanent protective order hearing.
You will be given papers that state the time and date of your hearing for a permanent order. If the judge grants you a temporary ex parte protective order, the court clerk will give you a copy of the order. Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, ask the clerk how to correct the order before you leave. The abuser must be served with a notice of hearing and with any orders that a judge has granted you.
The temporary order is not enforceable until it has been served on the abuser. Service policies vary from county to county, but usually the court will send copies of the order and notice of hearing to the police or sheriff, who will then serve the abuser.
However, in some areas you may have to bring the papers to the sheriff or police yourself. Ask the court clerk or a domestic violence organization for more information about serving the abuser. Do not attempt to serve the papers on the abuser yourself.
You can find more information about service of process in our Preparing for Court — By Yourself section, in the question called What is service of process and how do I accomplish it? You must go to the hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over.
If the abuser does not show up for the hearing, the judge may still grant you a protective order, or the judge may order a new hearing date. You have the right to bring a lawyer to represent you at the hearing. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a continuance to set a later court date so you can have time to find a lawyer for yourself.
If the court does issue a continuance, the court should also reissue or extend your temporary order since your original one will probably expire before the rescheduled hearing. If you are going to be representing yourself, you can go to our Preparing For Court - By Yourself page for ways you can show the judge that you were abused.
For legal referrals, go to our MS Finding a Lawyer page. If the judge in a municipal or justice court issued a temporary order against you , you may be able to appeal to the chancery court. If the judge in a county court issued a final protective order against you or denied your request for a final order , you may be able to appeal to the chancery court.
When the court has issued a final order after a trial, there would not be a new trial on appeal. Instead, the chancery court would review the record and make a decision as to whether or not the trial court judge made an error in granting or denying the final order. If you are appealing a temporary or final order, you must file a written notice of appeal with the chancery court clerk within ten days of the issuance of the order and follow specific rules for serving the papers on the other party.
The clerk may also require that you pay filing fees unless you can get them waived due to your income. There are a few places where you can find this information:. Here are some ideas for things that you may want to do when leaving court — you will have to decide which ones work for you:.
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