Mississippi Protective Orders Laws

Given what protection orders can do, victims of domestic violence should try to get one as soon as possible. This article explains the different versions of Mississippi domestic violence protection orders, shows how they work, and helps navigate the legal system to get one. Read on to learn what you need to know about protection orders in Mississippi.

Mississippi Protective Orders Laws – Defining Domestic Violence

Before discussing Mississippi protection orders, it’s important to understand what they’re designed to protect against. Referred to as domestic abuse in state codes, it occurs when certain abusive acts happen between people who are family members or intimate partners. Let’s take a closer look at both requirements.

Domestic Violence in Mississippi – Offenses

Not all crimes can qualify as potential domestic violence offenses. Certain abusive acts meet the requirement when committed between people in qualifying relationships. The following offenses and categories have the potential for domestic abuse labeling:

• Causing bodily injury or serious bodily injury through intent or recklessness
• Attempting to cause bodily injury or serious bodily injury through intent or recklessness
• Causing bodily injury or serious bodily injury through intent or recklessness with a deadly weapon
• Attempting to cause bodily injury or serious bodily injury through intent or recklessness with a deadly weapon
• Placing another in fear of imminent serious bodily injury through physical threat or menace
• Criminal sexual conduct committed against a minor
• Stalking
• Cyberstalking
• Sexual offenses that include rape, statutory rape, sexual assault, and sexual battery

Even if one of the above acts isn’t considered domestic violence due to the people involved, they’re all still crimes and prosecutable.

Domestic Violence in Mississippi – People

While any crime can occur between people, domestic violence offenses never happen between strangers. This is because the Mississippi definition of domestic abuse requires certain personal relationships as part of the offense. People and relationships that qualify include:

• Spouses
• Former spouses
• People living together in a romantic or intimate relationship
• People who have lived together as spouses (common law)
• People with a child or children between them
• Family by consanguinity (blood relatives) who reside together
• Family by consanguinity (blood relatives) who have resided together
• Family by affinity (marriage) who reside together
• Family by affinity (marriage) who have resided together
• People in a dating relationship together
• People who were former dating partners together

Mississippi considers a dating relationship as two people involved in a romantic or intimate relationship. People who have gone on a single date together would likely not qualify for this.

If people from this list have one or more of the specified abusive acts happen between them, it’s domestic violence. In addition to other protections and programs, the victim is eligible to apply for a domestic abuse protection order.

Mississippi Protective Orders Laws – Domestic Abuse Protection Order

A Mississippi domestic abuse protective order (DAPO) offers hope and protection to victims of domestic violence. While all versions of a DAPO contain stay-away and no-contact directives, some can rule on temporary child custody, financial support, and ordering professional treatment program participation.

There are three versions of DAPOs available in the state of Mississippi. The biggest differences between them are the durations of the orders and what’s involved in getting them. A petitioner (victim) should apply for an emergency domestic abuse protection order if they’re in immediate danger from the respondent (abuser).

Where petitioners file for an emergency DAPO depends on where the abuse occurred. Eligible courts include:

• If the abuse occurred in a city or town: Municipal Court
• If the abuse occurred outside a city or town: Justice Court in the county the abuse occurred in
• Regardless of where the abuse occurred: County Court and, in some situations, Chancery Court

The petitioner files the petition for emergency relief with the court clerk. The clerk can answer questions but not offer legal advice. Domestic violence advocates can help with the emergency order and offer other important services. The Office of the Attorney General provides a helpful guide as well.

The petitioner should offer as many details about the abuse suffered as possible. The clerk takes the petition to a judge. They may have questions for the petitioner. If the court agrees that a threat of abuse exists, the emergency DAPO is issued. This is done ex parte, which means the respondent isn’t contacted before issuance. A copy of the order is served to the respondent by law enforcement.

An emergency DAPO lasts for 10 days or until the next scheduled court hearing. If law enforcement has difficulty serving the respondent, it can be extended to 20 days. Emergency orders offer immediate relief through provisions such as these:

• Ordering the respondent (abuser) not to abuse the petitioner (victim), any minor children, or any person alleged to be incompetent
• Ordering the respondent to stay a certain distance away from the petitioner and other household members, including at their residence and place of work
• Ordering the respondent to have no contact with the petitioner or other household members, including harassment by telephone or other electronic communications
• Awarding possession of the residence to the petitioner and evicting the respondent, if necessary
• Prohibiting the transferring, encumbering, or otherwise disposing of property owned or leased by the parties, except when in the ordinary course of business

An emergency DAPO can have some, all, or none of these provisions. A temporary domestic abuse protection order can use the same provisions. Temporary DAPOs are available ex parte but can involve a court hearing. As with an emergency DAPO, the court will determine if the respondent poses an active threat to the petitioner’s safety.

For temporary DAPOs issued by a municipal or justice court, the order generally cannot exceed 30 days. If the protected party and the respondent do not have minor children in common, the court may extend the temporary order beyond 30 days, up to a maximum of one year.

If the petitioner didn’t have an emergency DAPO, they can file for a temporary DAPO in either Municipal or Justice Court. Temporary DAPOs can last up to a year if those involved don’t have any minor children between them. If they do share parentage, a temporary DAPO lasts up to 30 days or until a court hearing.

If the respondent opposes the order after being served, the case gets settled at a final court hearing in either County Court or Chancery Court. Both parties get the opportunity to tell their side of the story, present evidence, and call witnesses.

The petitioner must prove through a preponderance of evidence that the respondent poses an ongoing danger. If successful, a final domestic abuse protection order is issued. A final DAPO is served on the respondent in court and takes immediate effect. In addition to provisions available in emergency and temporary DAPOs, a final order can include:

• Awarding temporary custody of minor children
• Establishing temporary visitation rights with any minor children
• 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 the petitioner monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to:
  • Medical expenses resulting from abusive acts
  • Loss of earnings or support
  • Out-of-pocket losses for injuries sustained
  • Moving expenses
  • Reasonable attorney’s fees
• Ordering the respondent to attend counseling or professional medical treatment for the respondent

Final DAPOs last as long as the court deems necessary. Any provisions involving child custody, child support, or visitation rights are temporary and last 180 days. If not addressed in Chancery or County Court by that deadline, these issues revert to their status prior to the final DAPO taking effect.

Under federal law, all Mississippi DAPOs are enforceable anywhere in the U.S. This includes territories and tribal reservations. Petitioners should keep a copy of their DAPO with them at all times. If spending time away from home, it’s a good idea to supply the local police with a copy of your order and a photo of your abuser. All orders are entered into the Mississippi Protection Order Registry within 24 hours.

Mississippi Protective Orders Laws – Violations and Penalties

Mississippi domestic abuse protection orders are effective because they carry stiff penalties for violations. Victims should call a law enforcement officer every time an abuser violates or threatens to violate a DAPO. The court decides whether to charge the offender with contempt of court or a misdemeanor. A misdemeanor carries a fine of up to $1,000 and up to six months in a county jail.

Mississippi courts may treat a knowing violation as either a misdemeanor or as contempt of court. A person cannot receive both a misdemeanor conviction and a contempt sanction for the same violation.

Mississippi Protective Orders Laws: Related Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Mississippi Domestic Violence Shelters – Mississippi Coalition Against Domestic Violence
• Orders of Protection and Restraining Orders
• Bureau of Victim Assistance – Attorney General‘s Office
• Office Against Interpersonal Violence – Mississippi State Department of Health

Need Help With a Mississippi Protection Order? Speak to an Attorney

Victims of abuse don’t have to live a life of fear and pain. A Mississippi domestic violence attorney can help them get a protection order. Whether it’s an emergency order, a temporary order, or a final order, the protections offered can open a path to freedom.

If you’re facing criminal charges for violating a Mississippi protection order, your future is in jeopardy. Speaking with a Mississippi criminal law attorney is a good idea. Their knowledge of state law can help you achieve the best outcome possible.