Restraining Orders

There are three types of protection orders. The type of order you get may depend in part on which court you choose to file your petition in.¹ To understand what type of protection order you can file for in each court, please see In what court can I file my protection order?

An emergency domestic abuse protection order can be issued by a municipal, justice, or county court. It is designed to offer you immediate protection from the abuser. It’s an “ex parte” order, which means that a judge can give you one before the abuser is notified about the case. Emergency orders will only be granted if the judge believes that you need one to prevent immediate abuse to yourself or your family.²

When you get an emergency order, you will be given a court date for a hearing to potentially receive a temporary or final order. Your emergency order will last until this hearing, which usually takes place within ten days of receiving the emergency order. However, in some situations, the hearing date might be postponed. If that happens, your emergency order might be extended for up to 20 days.³

A temporary domestic abuse protection order can be issued by a judge in a municipal or justice court, but only after a court hearing in which you and the abuser both have a chance to tell your sides of the story.⁴

A final domestic abuse protection order can be issued by a judge or chancellor in a county or chancery court, but only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. If you filed your petition in municipal or justice court, you will have to file a new petition in chancery or county court to request a final order.⁶ You can learn more by reading the Mississippi Coalition Against Domestic Violence’s Guide to the Mississippi Court and Legal System. 

A final order offers longer-term legal protection than an emergency order or a temporary order. It can last for as long as the judge believes is necessary. The expiration date will be clearly written on the order.⁷

Note: If you have children, please see If I get temporary custody or child support in a final order, how long will they last? for more information.

¹ See Miss. Code § 93-21-15(1)(a), (2)(a)
² Miss. Code § 93-21-13(1)(a); see also Emergency DAPO Reference Guide from the Bureau of Victim Assistance
³ Miss. Code § 93-21-13(1)(c)
⁴ Miss. Code § 93-21-15(1)(a)
⁵ Miss. Code § 93-21-15(1)(b)
⁶ See Miss. Code § 93-21-7(2); see also page 2 in Domestic Abuse Protection Orders from the Attorney General’s Office website
⁷ Miss. Code § 93-21-15(2)(a), (2)(b)