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Legal Information: Mississippi

Restraining Orders

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Laws current as of December 2, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Mississippi, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in MS.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

How do I register my protective order in Mississippi?

To register an out-of-state (foreign) protection order, you must present a certified copy of the order to the chancery clerk’s office of any county in the state.  You also have to file an affidavit, which says that you truthfully believe the order is still in effect.1  After the order is registered, the clerk will give you a certified copy of the registered order.

The process for registering your order might be different in a justice court, so you might want to contact a local domestic violence organization in Mississippi for assistance.  To find an advocate at a local program, please visit the MS Advocates and Shelters page under the Places that Help tab at the top of this page.

1 Miss. Code § 93-22-9(1), (3)

Do I have to register my protective order in Mississippi in order to get it enforced?

It is not required that an order be registered in court in order to have it enforced.1 Mississippi state law gives full protection to an out-of-state protective order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.2

The order does not have to be entered into the state or federal registry in order to be enforced by a Mississippi police officer, but the officer does need to believe that it is a valid order.3

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

Will the abuser be notified if I register my protective order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our MS Advocates and Shelters page.

1 18 U.S.C. § 2265(d)

What if I don't register my protective order? Will it be more difficult to have it enforced?

Since neither federal nor Mississippi state law requires you to register your protective order, it should not be more difficult to have your order enforced even if you do not register it. Additionally, Mississippi state law requires law enforcement officials to enforce an out-of-state protective order even if it has not been registered in Mississippi as long as you can show the officer a copy of the order that appears to be valid.1

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Mississippi. To see a list of local domestic violence organizations, go to our MS Advocates and Shelters page.

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