Restraining Orders

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)