Restraining Orders

Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.

• Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
• Make several copies of the protection order as soon as possible.
• Keep a copy of the protection order with you at all times.
• Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
• If you have a security guard or front desk person where you live or work, give them a copy of the order and a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may want to change your locks and phone number.

You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protection orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.

If the judge in a municipal or justice court issued a temporary order against you, you may be able to appeal to the chancery court. The chancery court would hold a new trial (“trial de novo”) within ten days. At the end of this trial, if the petitioner has proven that you abused them, then the chancery court can grant a final domestic abuse protection order.¹

If the judge in a county court denied your request for a final order or issued a final protection order against you, you may be able to appeal to the chancery court. When the court issues a final order after a trial, there will not be a new trial on appeal. Instead, the chancery court would “review the record” and decide whether or not the trial court judge made an error in granting or denying the final order.² Generally, the “record” includes:

• the transcript of the original trial;
• any exhibits that were entered into evidence; and
• any appellate briefs filed by either party.

To read more about the appeals process in general, go to our File an Appeal page in the Preparing for Court - By Yourself section.

If you are appealing a temporary or final order, you must file a written notice of appeal with the chancery court clerk within ten days of the issuance of the order. You will also have to follow specific rules for serving the papers on the other party. The clerk may require that you pay filing fees. However, you may be able get the fees waived based on your income.³

¹ Miss. Code § 93-21-15.1(1)(a)
² Miss. Code § 93-21-15.1(2)(a)
³ Miss. Code § 93-21-15.1(1)(b), (2)(b), (4)

Violating a protection order can be a crime. There are two main ways to get help if the abuser violates your order:

1. Criminal Contempt. You can call the police or sheriff immediately, even if you think it’s a minor violation. Tell the officers that you have a protection order and the abuser is violating it. The abuser may be arrested and prosecuted, because it is a crime to violate a protection order. If the abuser is found guilty of violating a protection order, they can be fined up to $1,000, face up to six months in jail, or both.¹
2. Civil Contempt. You can go back to the court that issued your order and file a motion for civil contempt of court against the abuser. You may wish to speak with an attorney for advice on filing for civil contempt, or to find out what the possible penalties can be.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

Note: In Mississippi, you cannot file for both civil and criminal contempt at the same time. A person cannot be held in civil contempt and convicted of a misdemeanor due to the same violation of the order.²

¹ Miss. Code § 93-21-21(1)
² Miss. Code § 93-21-21(2)

Your protection order is good in all Mississippi counties.¹ If you move within the state, it may be a good idea to let law enforcement in your new area know about your order. You may also want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary. However, if you want your new address to be kept confidential, ask the clerk how to make sure that the abuser cannot find it in the court file.

If you move to another state or territory within the United States, federal law provides what is called “full faith and credit.” This means that once you have a qualifying criminal or civil protection order, it’s enforceable throughout the U.S., including U.S. Territories and tribal lands.² Please see our Moving to Another State with a Protection Order page for more information.

You can also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order between states.

¹ Miss. Code § 93-21-15(7)
² 18 U.S.C. §§ 2265(a); 2266