This section defines domestic abuse for the purposes of getting a domestic abuse protection order (DAPO).

Mississippi law defines “abuse” as one or more of the following acts between people who have a personal relationship:

• attempting to injure you physically, with or without a deadly weapon;
• intentionally or recklessly injuring you physically, with or without a deadly weapon;
• using a physical menace or threat to make you fear that you will soon be physically injured;
• criminal sexual conduct committed against a minor;
• stalking;
• cyberstalking;
• statutory rape;
• rape by force or by drugging the victim; and
• sexual battery.¹

Note: “Abuse” does not include any act of self-defense.¹

¹ Miss. Code § 93-21-3(a)

The protections you qualify for may depend in part on which court you choose to file your petition in. 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?

Both an emergency order and a temporary order can:

• order the abuser to stop abusing you, your children, and any person considered to be incompetent;
• order the abuser to stay away from:
  
  • you;
  • your household members; and
  • you and your household members’ homes and workplaces;
• grant you possession of the home;
• order the abuser to leave the home and give you the right to return if you have left;
• order the abuser not to contact you or other household members in person or by phone, email, or text; and
• prohibit any property you and the abuser own or lease together from being transferred, given away, or destroyed, unless doing so is in the ordinary course of business.¹

A final order can:

• do all of the things listed above; and
• do the following additional things:
  
  • allow the abuser to provide you with suitable, alternate housing instead of returning you to a shared home if:
    • the abuser is the sole owner or lessee of your shared home;
    • the abuser has a duty to support you or your children; and
    • you and the abuser agree to this arrangement;
  • award temporary custody or temporary visitation rights for your children;
  • order the abuser to pay temporary spousal support or child support if they are legally obligated to support you or your children;
  • order the abuser to pay you money for losses you suffered as a direct result of the abuse, including, but not limited to:
    • medical expenses resulting from the abuse;
    • loss of earnings or support;
    • out-of-pocket losses for injuries;
    • moving expenses; or
    • reasonable attorney’s fees; and
  • order counseling or professional medical treatment for the abuser, including counseling or treatment designed to help end their abusive behaviors.²

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

Note: The protection order will have a warning to the abuser that possessing a firearm may be against federal law. You can learn more about this on our Federal Gun Laws page.

¹ Miss. Code §§ 93-21-13(1)(b); 93-21-15(1)(a)
² Miss. Code § 93-21-15(2)(a)

When you and the abuser live in different states, the judge may not have legal power (“personal jurisdiction”) over an out-of-state abuser. This means that the judge may not be able to grant an order against them.

However, there are a few ways that a court can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or perhaps the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
3. If you file your petition and the abuser gets served with the court petition while they are in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.

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)

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)

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.

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.

You can file a petition for a domestic abuse protection order (DAPO) in a municipal, justice, county, chancery, or state military court. If you’re not sure where to file, you can use our website to learn more about the different types of orders in Mississippi and what kinds of protection orders each court can grant.

You can find a court near you by going to our Mississippi Courthouse Locations page.

If you’d like to look at the petition before you get to court, you can also find links to forms online by going to our Mississippi Download Court Forms page.

¹ Miss. Code § 93-21-7(2)

After you finish filling out the forms, bring them to the court clerk. The clerk will forward them to a judge who may want to ask you questions as they review your petition.

If you asked for emergency protection, the judge will decide whether or not to grant you an emergency order. They will set a date for a temporary or final protection order hearing. You will be given papers that list the date and time of your hearing.

If the judge grants you an emergency protection order, the court clerk will give you a copy of the order. Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, ask the clerk how to correct the order before you leave.

In Mississippi, not all courts can grant a final order. You can learn more about which types of orders each court can grant by reading the question In what court can I file my protection order? If you filed your petition in municipal or justice court, you will have to file a new petition in chancery or county court if you want to ask for a final order.¹

On the day you filed your petition, the judge should have set a date for a hearing within ten days.² You must go to the hearing. If you do not go to the hearing, your emergency order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may:

• grant you a temporary or final protection order anyway; or
• set a new hearing date (“continuance”).

Continuance. You have the right to bring a lawyer to represent you at the hearing. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a continuance. This means asking them to set a later court date so you can have time to find a lawyer for yourself. They can also reissue or extend your emergency order for up to 20 days if your original one will expire before the rescheduled hearing.³

If you are going to be representing yourself, you can go to our Preparing For Court - By Yourself page for ways you can show the judge that you were abused. For legal referrals, go to our Mississippi Finding a Lawyer page.

¹ See Domestic Abuse Protection Orders, page 2, from the Attorney General’s Office website; see also Guide to the Mississippi Court and Legal System, page 7, from the Mississippi Coalition Against Domestic Violence
² Miss. Code § 93-21-11(1)
³ Miss. Code § 93-21-13(1)(c)

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

If you have a valid Mississippi protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, says that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.¹

In other words, every state must enforce out-of-state protection orders in the same way it enforces its own orders. So, if the abuser violates your Mississippi domestic abuse protection order in another state, they will be punished according to the laws of that state. That’s what “full faith and credit” means.

¹ 18 U.S.C. § 2265

An ex parte emergency order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?¹

However, the state where you are going generally cannot:

• extend your ex parte emergency order; or
• issue you a final order when the emergency one expires.

If you need to extend your emergency order, you will have to contact the court that issued the order and arrange to be at the hearing. You may need to appear in person or, if the judge allows it, by telephone or video call.

However, you may be able to apply for a new order in the new state that you are moving to if you meet the requirements for getting a protection order there. Keep in mind that if you apply in your new state, the abuser would find out what state you’re living in, and that may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

You don’t have to take any special steps to get your domestic abuse protection order enforced in another state.

Many states have a process to register or file an out-of-state order, making enforcement easier if the order is violated. However, you can still get your valid domestic abuse protection order enforced in another state even if you don’t register or file it.¹ For your safety, always keep a copy of your protection order with you.

It can help to know the rules in any state where you plan to live or visit, which may help you get the police or courts to enforce your order quickly.

You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and choosing your new state from the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your protection order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can tell you what the advantages and disadvantages are for registering your restraining order. They may also be able to help you through the process if you decide to register it.

To find a domestic violence advocate or an attorney in the state you’re moving to, select your state from the menu on our Places that Help page.

If your protection order includes custody, visitation, and child support, these parts of the order can be enforced in any state while the order is in effect. Please read If I get temporary custody or child support in a final order, how long will they last? for more information.

Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.¹ To have someone read your order and tell you if it meets these standards, contact a lawyer in the new state. To find a lawyer, go to our Finding a Lawyer page and choose the state from the drop-down menu.

¹ 18 U.S.C. § 2266

Generally, only the state that issued your protection order can change, extend, or cancel it. You will have to file a motion or petition in the court where the order was issued. You may be able to ask to attend the court hearing by telephone or video rather than in person, so that you do not need to return to the state where the abuser lives. Find out if this is possible in your state by calling the clerk of the court that issued your order.

To learn more about changing your order, see the Restraining Orders page for the state where your order was issued. To get the information for the court that issued your order, go to Courthouse Locations and choose the state from the drop-down menu.

If your order expires while you are living in Mississippi, you may be able to get a new protection order in that state. However, this may be difficult to do if no new incidents of abuse have occurred in Mississippi. To find out more information on how to get a protection order in Mississippi, visit our Mississippi Restraining Orders page.

You do not have to register a protection order from another state to get it enforced.¹ Mississippi will enforce your order if:

1. you can show the officer a copy of your order;
2. your order clearly identifies both you and the abuser; and
3. your order is in effect “on its face” – which means that the expiration date listed on your order hasn’t passed yet.²

Even though the order doesn’t have to be registered, the officer does need to believe that it is a valid order.³ Registering your order in Mississippi may help local law enforcement officers more easily check that your order is valid.

¹ Miss. Code § 93-22-9(1), (4)
² Miss. Code § 93-22-7(1)
³ Miss. Code §§ 93-21-16(2); 93-22-7(1)

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protection order in a new state unless you specifically request that the abuser be notified.¹ However, you may wish to check that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it is still possible that the abuser could somehow find out where you are living. Continue to think about your safety, even if you no longer live in the same state as the abuser. Our Safety Planning page has tips to get you started or build on what you’re already doing. A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, go to our Mississippi Advocates and Shelters page.

¹ 18 U.S.C. § 2265(d)