Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
While the Hospitality State may be a wonderful place to fall in love, not every Mississippi love story has a happy ending. And in the unfortunate case of a relationship turning dangerous when it’s over, the state has legal orders that can help keep threatened people safe. Here is a brief overview of protective orders laws in Mississippi.
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.
State protective orders can differ in the ways they are obtained and enforced. Mississippi’s protective orders statutes are listed in the table below.
Code Section |
93-21-1, et seq. |
Activity Addressed by Order |
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support; restitution for monetary losses suffered as a result of abuse. |
Duration of Order |
Temporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extended |
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? |
Yes, if court finds that abuse has been committed, abuser may be assessed fines. |
Order Transmission to Law Enforcement |
- |
Civil Liability for Violation of Order |
Yes, contempt of court |
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.
Obtaining and enforcing a protective order can be a confusing and frightening process. 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. You can also find more resources and information on this topic by visiting FindLaw’s section on Orders of Protection and Restraining Orders.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Mississippi attorneys offer free consultations.