Mississippi Protective Orders Laws

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