Know the Laws: Mississippi
UPDATED November 4, 2008
A Protective Order is a civil order that provides protection from physical abuse, sexual abuse and threats of abuse by an abuser.
- Basic Information
- Can I get a Protective Order?
- What are the steps for obtaining a Protective Order?
- After the Hearing
Basic Information
back to topWhat is the legal definition of domestic violence in Mississippi?
This section defines domestic violence for the purposes of getting a domestic violence protective order.
Under MS law, “abuse” means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child in common, other relatives who live together or formerly lived together or between individuals who have a current or former dating relationship:
- Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;
- Placing, by physical menace or threat, another in fear of imminent serious bodily injury;
- Criminal sexual conduct committed against a minor;
- Stalking;*
- Cyberstalking;
- Statutory rape;
- Sexual battery.**
* MS Code § 97-3-107(1)
** MS Code § 93-21-3(a)
back to topWhat is a protective order? What types are there?
A protective order is a court order that is designed to stop your abuser from hurting you and your family.
There are 2 types of protective orders.
A temporary order is designed to offer you immediate, emergency protection from the abuser. Temporary orders are granted only if you can prove to the judge through your testimony or evidence that you need one to prevent immediate harm to you or your family. A judge will assume that if you are asking for a temporary order you will also want a permanent order.
A temporary order generally lasts until the court hearing that you must have in order to receive a permanent order. This usually takes place within 10 days after the abuser has been presented, or served, with the temporary order. The orders can be extended for up to 10 days.*
You may receive a temporary order ex parte, which means without the knowledge of the abuser, or his presence in the courtroom.
A permanent order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It offers longer-term legal protection than the temporary order. A permanent order lasts up to three years.**
* MS Code § 93-21-11
** MS Code § 93-21-15
back to topHow can a protective order help me?
A temporary order can:
- Order your abuser to stop abusing you, your children, and any person deemed to be incompetent;
- Grant you possession of the residence or household, and order your abuser to leave the residence.
- Or, by agreement, allow the abuser to provide you with suitable, alternate housing (when the abuser has a duty to support you or your children, and is the sole owner of the residence or household)
- Order your abuser not to contact you in person, by phone, email or text;
- Prohibit any mutually owned or leased property between you and your abuser from being transferred or disposed, unless it is in the ordinary course of business.*
A permanent order can do all of the things that a temporary order can, in addition to:
- Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms.
- Order your abuser to pay you 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, and a reasonable attorney's fee,
- Order counseling or professional medical treatment for you and/or the abuser.**
Whether a judge orders any or all of the above depends on the facts of your case.
* MS Code §§ 93-21-11, 93-21-13
* MS Code § 93-21-15