Restraining Orders

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 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)