Mississippi Domestic Violence Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed February 19, 2025

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Mississippi law defines domestic violence as specified criminal acts against family or household members, with penalties varying by the severity of the act. Simple domestic violence includes causing bodily injury or attempting to instill fear. Aggravated domestic violence involves severe injury or the use of a weapon. Penalties include jail time and fines. Victims may obtain various protective orders from the courts to ensure their safety.

Mississippi state law treats domestic violence as a serious offense. Lawmakers developed a comprehensive legal framework to protect victims of domestic violence and hold offenders accountable.

If you or your family member is suffering from domestic abuse, there are various resources that you can reach out to:

Call 911 or contact your local law enforcement agency in situations of immediate danger. For legal guidance on securing a protection order, seek legal advice from a domestic violence attorney.

Understanding Domestic Violence Laws in Mississippi

Mississippi law encompasses a broad spectrum of behaviors related to domestic violence.

According to Mississippi Code § 97-3-7, a person commits domestic violence when they commit certain criminal acts against a family or household member.

The criminal acts involved mirror Mississippi's charges of simple assault and aggravated assault. The difference is the alleged victim must be someone close to the alleged abuser.

The law defines family or household members as:

  • Current or former spouse or their child
  • A person living as a spouse or who formerly lived as a spouse with the defendant, or a child of that person
  • Parent, grandparent, child, grandchild or someone similarly situated
  • Person who has a current or former dating relationship with the defendant
  • Person with whom the defendant has had a biological or legally adopted child

The Code divides domestic violence into two categories based on its severity. The table below outlines the two criminal charges associated with domestic violence in Mississippi.

Charge

Code Section

Definition

Simple domestic violence

Miss. Code § 97-3-7(3)
  • Purposely, knowingly or recklessly causes bodily injury
  • Attempts by physical menace to create fear of immediate harm
  • Causes injury through negligent use of a weapon or dangerous mean

Aggravated domestic violence

Miss. Code § 97-3-7(4)
  • Causes or attempts to cause severe bodily injury under circumstances manifesting extreme indifference to the value of human life
  • Uses or attempts to use a deadly weapon
  • Attempts to strangle or strangle another person

Mandatory Arrest

Mississippi implements specific protocols for law enforcement officers responding to domestic violence calls. Some states require police to make an arrest at every domestic violence call.

Under Miss. Code § 99-3-7, law enforcement officers may make an arrest when they have probable cause to believe that domestic violence happened in the past 24 hours. But they are not required to.

The law does require officers to identify the primary aggressor and document any evidence of domestic violence they observe.

Criminal Penalties for Domestic Violence

Domestic violence can be charged as either a misdemeanor or a felony in Mississippi. The law employs a graduated penalty system based on prior convictions and the severity of the offense.

Mississippi Code 97-3-7 lays out the penalties for domestic violence charges, summarized in the table below.

Charge

First and second offense

Third offense and beyond

Simple domestic violence

A first domestic violence offense is a misdemeanor, punishable by:

  • Up to 6 months of prison sentence
  • A fine of up to $500
  • Mandatory counseling program

A third or subsequent charge (with two priors within the past seven years) is a felony punishable by:

  • Up to 10 years in prison
  • A fine of up to $5,000

Aggravated domestic violence

A first conviction for aggravated domestic violence is punishable by:

  • 2 to 20 years of imprisonment
  • A fine of up to $10,000

A third aggravated domestic violence charge carries penalties of:

  • 10 to 20 years of imprisonment
  • A fine of up to $10,000

A fourth charge and beyond is punishable by:

  • 15 to 20 years of imprisonment
  • Must serve one year before parole eligibility

The courts consider both types of domestic violence charges as priors. So, if a person is convicted of simple domestic violence, then they're convicted of aggravated domestic violence three years later, they could face up to ten years in prison.

Aggravating Factors

Mississippi code also contains provisions that can increase the criminal charge for domestic violence cases. This includes the following:

  • Use of deadly weapon
  • Commission of domestic violence in the presence of a child
  • Commission of domestic violence against a pregnant victim
  • Strangulation or attempt to strangle the victim
  • Violation of existing protective order
  • Disability or vulnerability of the victim

Protective Orders

Mississippi law offers several types of domestic abuse protection orders to protect victims of acts of domestic violence.

Emergency Orders

If a person is in immediate and present danger of abuse, Mississippi courts can issue an emergency domestic violence protective order. This type of order gives victims immediate protection while they await a hearing for their case.

Emergency protection orders can:

  • Prohibit or limit contact between the victim and the alleged abuser
  • Prevent the alleged abuser from being within a certain distance of the victim's home or work
  • Temporarily evict the alleged abuser from a shared home

The courts can issue emergency protective orders at any time, day or night, without giving prior notice to the alleged abuser.

Emergency domestic violence protection orders are effective for ten days or until the court holds a hearing (whichever comes first). If the hearing is delayed, the court can extend the emergency order as needed to protect the victim's safety.

Temporary Orders

After issuing an emergency protection order, the court will schedule a hearing. Here, the petitioner must prove the allegations of domestic abuse by a "preponderance of the evidence."

This generally means convincing the court that it is more likely than not that the alleged abuser has committed a domestic violence offense. It's a lower bar than a criminal trial, where prosecutors must prove guilt beyond a reasonable doubt.

The alleged abuser (respondent) receives a notice of the petition and the date, time, and place of the hearing. But the court can issue a temporary protection order even if they don't show up. This is called an ex parte order. However, the court will only do so after verifying that the respondent was adequately notified.

Temporary protection orders can address important issues. They may include child-related matters such as custody arrangements, temporary visitation rights, and other safety measures such as no-contact orders.

Final Protective Orders

Final protective orders represent a more comprehensive legal protection. The court issues this order after a full hearing, and both parties must be present.

A final protective order can include:

  • No contact directives
  • Custody arrangements
  • Exclusive possession of the dwelling
  • Child support orders
  • Mandatory counseling requirements

This protection order can remain valid for up to one year, and the courts have discretion in renewing it for an additional period.

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Seek Legal Advice from a Criminal Defense Attorney

If you or someone you know is a victim of domestic violence in Mississippi, contact your local law enforcement agency for support. You can also reach out to:

A domestic violence attorney can also help you with securing protection orders and planning for your long-term safety. They'll guide you through the process and provide support every step of the way.

For individuals facing domestic violence charges, it is also essential to seek legal representation. A criminal defense attorney can protect your constitutional rights and guide you through the complex legal process.

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