Mississippi Protective Orders Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 13, 2023
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Otherwise known as "restraining orders," protective orders are legally enforceable notices from a court that prohibit the person named in the protection order from contacting the person seeking the protection. Violating a protective order could mean fines or imprisonment. Normally, protective orders are sought by abused spouses and exes, but they may also be used to keep stalkers away and protect children from harm. Some protective orders can also include additional restraints regarding travel and gun ownership.
While protection orders and restraining orders might not prevent every harmful scenario, they can provide victims of domestic violence some criminal recourse if a stalker or abuser violates an order. Also, federal protection order law mandates that, if you have a valid protection order issued by the state of Mississippi, other states must honor and enforce that order, and vice versa.
This article provides a brief overview of protective orders laws in the state of Mississippi.
Protective Orders Laws in Mississippi
State protective orders can differ in the ways they are obtained and enforced. Mississippi's protective orders statutes are listed in the table below. You can also find more resources and information on this topic by visiting FindLaw's section on Orders of Protection and Restraining Orders.
Code Section |
§ 93-21-1 et seq. of the Mississippi Code |
Activity Addressed by Order |
Temporary: Directing the respondent to refrain from abusing the petitioner, any minor children, or any person alleged to be incompetent; prohibiting or limiting the respondent's physical proximity to the abused or other household members as designated by the court, including residence and place of work; prohibiting or limiting contact by the respondent with the abused or other household members designated by the court, whether in person, by telephone or by other electronic communication; granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both; or prohibiting the transferring, encumbering or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business Final: Directing the respondent to refrain from abusing the petitioner, any minor children, or any person alleged to be incompetent; granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both; when the respondent has a duty to support the petitioner, any minor children, or any person alleged to be incompetent living in the residence or household and the respondent is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both, or by consent agreement allowing the respondent to provide suitable, alternate housing; awarding temporary custody of or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent, or both; if the respondent is legally obligated to support the petitioner, any minor children, or any person alleged to be incompetent, ordering the respondent to pay temporary support for the petitioner, any minor children, or any person alleged to be incompetent; ordering the respondent to pay to the abused person monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to, medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, a reasonable attorney's fee, or any combination of the above; prohibiting the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business; prohibiting or limiting respondent's physical proximity to the abused or other household members designated by the court, including residence, school and place of work; orohibiting or limiting contact by the respondent with the abused or other household members designated by the court whether in person, by telephone or by electronic communication; and ordering counseling or professional medical treatment for the respondent, including counseling or treatment designed to bring about the cessation of domestic abuse |
Duration of Order |
Temporary: shall not exceed 30 days (however, if the party to be protected and the respondent have minor children in common, the duration of the order may exceed 30 days but should not exceed one year) Final: any duration the court deems necessary (if they have custody of the children, only valid for up to 180 days) |
Penalty for a Violation of Order |
Contempt of court: maximum 6 months jail and/or fine, maximum $1,000 |
Who May Apply for Order |
Any parent, adult household member, or next friend on behalf of minors or incompetent |
Can Fees Be Waived? |
No filing fee |
Order Transmission to Law Enforcement |
Upon issuance, the order shall be entered in the Mississippi Protection Order Registry and a copy will be provided to the sheriff's department in the county of the court of issuance |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Get Help with a Protective Order Today
If someone is hurting you or threatening to hurt you, there are resources available when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the future, you may want to get a protective order.
Please contact a Mississippi domestic violence attorney for help.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Mississippi attorneys offer free consultations.
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