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Información Legal: Misisipi

Restraining Orders

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10 de diciembre de 2020

What protections can I get in a protective order?

A temporary order can:

  • order the abuser to stop abusing you, your children, and any person deemed to be incompetent;
  • order the abuser to stay away from you and/or your household members and from the home, school, and workplace of you and/or other household members;
  • grant you possession of the home and order the abuser to leave the residence (and give you the right to return to the residence if you have left);
  • order the abuser not to contact you and/or other household members in person, by phone, email or text; and
  • prohibit any mutually owned or leased property between you and the abuser from being transferred or disposed (given away or destroyed), unless it is in the ordinary course of business.1

A permanent order can:

  • do all of the things that a temporary order can do (listed above); and
  • the following additional things:
    • grant you possession of the home and order the abuser to leave the residence (and give you the right to return to the residence if you have left) 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);
    • award temporary custody of or establishing temporary visitation rights for your children;
    • order the abuser to pay temporary spousal support or child support if the respondent is legally obligated to support you or your children;
    • order the 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 reasonable attorney’s fees; and
    • order counseling or professional medical treatment for the abuser, including counseling or treatment designed to help end his/her abusive behaviors.1

Note: The protective order will have a warning to the abuser that possessing a firearm may be against federal law. (See our Federal Gun Laws pages for more information). However, to try to get local police to enforce the firearm restriction, you can ask the judge to include in the protective order that the abuser has to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms.

1 MS Code § 93-21-15(1)(a) & (2)(a)