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EspañolWho can get a domestic abuse protection order?
If you are a victim of abuse, as defined by law, you can apply for a protection order against:
- a spouse or former spouse;
- someone you live or used to live with “as a spouse;”
- someone you live or used to live with who is related to you by blood or marriage;
- someone you share a child with; or
- a current or former dating partner.1
If the victim is a minor or someone who is alleged to be “incompetent,” then that person’s parent, adult household member, or a “next friend” can file for a protection order on their behalf.2
1 Miss. Code § 93-21-3(a)
2 Miss. Code § 93-21-7(1)
Which county should I file my protection order in?
You can file for a protection order in any county or municipality where:
- the abuser lives; or
- one of the acts of abuse took place.1
1 Miss. Code § 93-21-5(2)
In what court can I file my protection order?
You can file a petition for a protection order in a municipal, justice, county, chancery, or state military court.1 Since the different courts have different powers, Mississippi law defines what types of orders each one can issue.
| If you file your petition in… | Then the court can grant you… |
|---|---|
| municipal court | emergency and temporary orders. |
| justice court | emergency and temporary orders. |
| county court | emergency and final orders. |
| chancery court | a final order.2 |
If you file in chancery court, the official who hears your case will be called a chancellor.3 In all other courts, the official will be called a judge.
Note: Mississippi law says that chancery courts are not required to consider granting emergency relief, but they can if they want to.4 You might be able to get an emergency order from a chancery court if:
- the chancellor specifically allows you to file; or
- you have an existing chancery case between you and the abuser and are filing your petition as a separate pleading in that case.3
Note: Mississippi law does not specifically define the types of orders that a state military court can issue.5 If the abuser is a member of the Mississippi National Guard and you would like to file your case in a state military court, please contact that court for more information and guidance. If the abuser is a member of a different branch of the military, you can visit our Domestic Violence in the Military page for more information on federal options.
1 Miss. Code § 93-21-7(2)
2 Miss. Code §§ 93-21-7(2); 93-21-15(1)(a), (2)(a); see also 93-21-13(1)
3 See Miss. Code § 9-5-1
4 Miss. Code § 93-21-7(2)
5 See Miss. Code § 93-21-5(2)
Can I get a protection order against a same-sex partner?
In Mississippi, you may apply for a domestic abuse protection order against a current or former same-sex partner as long as:
- your relationship meets the requirements listed in Who can get a domestic abuse protection order?; and
- you are the victim of an act of domestic abuse as defined by state law.
What can I do if I don't qualify for a protection order?
Even if you don’t qualify for a protection order, the person who is abusing you may still be committing a crime. If that’s the case, you may want to report it to law enforcement. If charges are pressed against the abuser, a criminal judge may be able to order them to stay away from you. You can see some crimes an abuser may commit in Mississippi on our Crimes page, and visit our Safety Planning page for ways to increase your safety.
If you are being stalked or harassed, you may also want to go to the Stalking Prevention, Awareness, and Resource Center website for more resources on stalking and harassment, as well as safety planning information. (WomensLaw is not related to this organization and cannot vouch for the accuracy of the information included in this site.)
Protection orders do not cover many types of emotional or mental abuse. If you’re going through this type of abuse, please contact a domestic violence organization in your area. They may be able to help you figure out your options and offer you support. To find a shelter or an advocate at a local program, please visit our Mississippi Advocates and Shelters page.
How much does it cost to get a protection order?
There is no fee to get or serve a protection order. However, depending on the outcome, the judge may decide who will pay the costs at the end of the case.
| If the judge finds that… | Then the judge can order… |
|---|---|
| you are entitled to an order protecting you from abuse | the abuser to pay all costs, including your attorney’s fees. |
| your allegations are not true and that you are not a victim of abuse | you to pay all costs, including the abuser’s attorney’s fees.1 |
1 Miss. Code § 93-21-7(3)
Do I need a lawyer to file for a protection order?
You do not need a lawyer to file for a protection order. However, it can help to have one at your hearing to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you can’t afford a lawyer but you’d like one to help you with your case, you can find legal assistance organizations on our Mississippi Finding a Lawyer page.
If you’re going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
Advocates from a domestic violence organization in your area may be able to answer some of your questions or help you fill out your court forms. The staff at the courthouse might be able to help, too. You will find contact information for courthouses on our Mississippi Courthouse Locations page.
