Restraining Orders

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.