How to Get a Domestic Violence Restraining Order in Mississippi

Surviving domestic violence can be terrifying and isolating because it overwhelms its victims. However, they have support systems available to them. Mississippi law makes sure domestic abuse victims receive powerful legal protection by allowing courts to issue protective orders, known as restraining orders. Knowing how to get a domestic violence restraining order in Mississippi can help individuals secure their safety.

Restraining orders ensure immediate protection while establishing legal limitations. They also link victims with helpful resources to start rebuilding their lives.

Domestic Violence and Protective Orders in Mississippi

Domestic violence consists of multiple types of abuse, such as physical, emotional, sexual, and psychological harm, which intimate partners or family members inflict on victims. One out of every four women and one out of every seven men in Mississippi experience severe physical violence from an intimate partner.

The highest rates of intimate partner violence were experienced by women aged 18 to 34. In 2024, 96 people died from domestic violence-related issues in Mississippi. This shows the urgency needed in securing a protective order from domestic violence.

Mississippi courts issue protective orders, known as domestic abuse protection orders, to stop alleged abusers from committing further abuse, threats, or harassment. Mississippi law acknowledges two categories of protection orders, which include emergency orders for immediate situations and final protection orders for extended protection.

These orders prevent abusers from contacting or approaching you at your residence, workplace, or school. They may also establish temporary custody or support provisions when children are present. To obtain a domestic violence restraining order in Mississippi, there are steps you must take:

Determine Your Eligibility

Mississippi law requires those seeking a domestic violence protection order to demonstrate that the abuse originated from a person with whom they share a particular type of relationship. Mississippi law includes the following relationships when classifying a case as domestic violence:

• Current or previous spouse
• Someone the alleged victim cohabitates with (or previously lived with)
• A person with whom the alleged victim shares a child
• Someone the alleged victim is currently dating or has previously dated

Locate the Appropriate Court

Submit your petition to the county or municipality where the abuser lives or where the abuse took place. For example, Jackson County residents should go to the Jackson County Circuit Court, which is situated at 3104 Magnolia St, Pascagoula, MS 39567.

You have the option to visit a municipal or justice court during an emergency situation after normal hours. Individuals can access emergency protection orders at any time of day or night to address immediate safety concerns.

Complete the Required Paperwork

At the courthouse, make sure to request the petition for a domestic abuse protection order. This sworn statement requires you to describe the events that took place and how they created an unsafe environment for you. Provide exact details, including specific dates of incidents, relevant police reports, and hospital records.

Court clerks will provide the necessary forms, but are not allowed to offer legal advice. You should seek assistance from a domestic violence attorney if you encounter difficulties in understanding the paperwork.

Formally Notify the Abuser

A judge can sign a short-term ex parte order on the same day you file the petition, without requiring the abuser’s presence. The short-term protection order takes effect right away until your full court hearing concludes.

If the court approves your request, make sure the abuser receives official notification about both the hearing date and the temporary protective measures. Law enforcement usually delivers both the temporary order and the court hearing notice to the abuser.

Attend the Court Hearing

The court hearing allows you and the abuser to present your respective stories. You have the option to bring witnesses and present photos, messages, and additional evidence to support your case. The judge can grant a final protection order for one year when sufficient evidence of abuse is presented, unless extended by request. Professional legal representation during this hearing is strongly advised.

A protective order may include terms requested by you and set by the judge, including no contact of any kind, stay-away orders, mandatory counseling, and child custody and visitation restrictions.

FAQs

What Proof Do You Need for a Restraining Order in Mississippi?

An individual seeking a restraining order in Mississippi needs to prove that domestic abuse has happened, along with harassment or threats. A judge will review:

• Your sworn testimony
• Witness accounts
• Police reports
• Medical records
• Texts
• Emails

Then, they will render a decision, even when there is no physical evidence. Judges are more likely to grant protective orders when you provide specific and detailed accounts.

How Much Does It Cost to Get a Restraining Order in Mississippi?

The filing process for domestic violence protection orders in Mississippi does not typically require any fee. The legal system has the authority to eliminate filing, service, and enforcement fees for victims who have suffered abuse. When seeking a civil restraining order that does not fall under domestic violence statutes, you may encounter standard court filing fees.

What Evidence Should Be Collected in a Domestic Violence Case?

In a domestic violence case, the evidence you and/or your attorney should collect includes:

• Photographic evidence of injuries or property damage
• Police documentation
• Medical history records
• Threatening digital communications, such as texts and emails
• Witness statements
• Legitimate audiovisual recordings

Documenting each incident, along with its precise dates and details, can provide additional support. Regular documentation reinforces your legal position and demonstrates a clear pattern of abusive behavior.

What Order Can You Get to Keep Someone Away From You?

Mississippi residents can obtain protective orders from the courts to keep someone away from them. This court order legally prevents a person from reaching out to you or approaching your residence, workplace, or educational institution. It also stops any threatening or abusive conduct. Emergency situations allow for a temporary ex parte order to give protection until a complete court hearing takes place.

Contact Taylor & Cox Law Firm Today

If you are seeking a domestic violence protective order in Mississippi, an attorney at Taylor & Cox Law Firm can guide and represent you through the process. Contact us today for more information.