A protective order is a court order that is designed to stop your abuser from hurting you and your family. There are two types of protective orders.

A temporary order is designed to offer you immediate, emergency protection from the abuser. Temporary orders are granted only if you can prove to the judge through your testimony or petition/affidavit that you need one to prevent immediate harm to you or your family. A judge will assume that if you are asking for a temporary order you will also want a permanent order.

A temporary order generally lasts until the court hearing that you must have in order to receive a permanent order. This usually takes place within ten days after the abuser has been served with the temporary order. If you and the abuser have minor children together, a temporary order can only last up to 30 days, maximum. However, if you do not have minor children together, a temporary protective order can be longer than 30 days, up to a maximum of one year.¹

A final order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It offers longer-term legal protection than the temporary order. A final order can last up until such time that the judge believes is appropriate. The expiration date will be clearly written on the order.²

However, if you are given temporary custody, visitation, or child support in a final protective order, those terms are only effective for 180 days. For a longer-lasting order addressing those issues, you would have to file separate petitions for custody, visitation, or support. If at the end of the 180-day period, neither party has filed a separate petition regarding those issues, the custody, visitation, or support terms will go back to whatever order was in effect regarding those topics when the protective order was granted.³

¹ Miss. Code § 93-21-15(1)(b)
² Miss. Code § 93-21-15(2)(b)
³ Miss. Code § 93-21-15(2)(c)

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

If you area victim of abuse, as defined by law, you can apply for a protective order against:

• a spouse or former spouse;
• someone you live(d) with “as a spouse;”
• someone you have a child in common with;
• someone you are related to by blood, adoption, or marriage who you live(d) with;
• a current or former dating partner.¹

Any person over 18, or someone under 18 who is legally married, can file for a protective order. If the victim is an unmarried 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 protective order on his/her behalf.²

¹ Miss. Code § 93-21-3(a)
² Miss. Code § 93-21-7(1)

In Mississippi, you may apply for a domestic violence protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a domestic violence protective order?  You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Mississippi?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

There is no filing fee to get a protective order assuming that you eventually prove to the judge that you have been abused and the judge grants you the order. If the court finds that you are entitled to an order protecting you from abuse, the judge can order the respondent to pay all costs including your attorney’s fees. However, if the judge finds that your allegations are untrue and that you are not a victim of abuse, the judge can possibly order you to pay the costs including the respondent’s attorney’s fees.¹

Although you do not need a lawyer to file for a protective order, it may be to your advantage to find a lawyer. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, if you can, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the MS Places that Help page. Domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the MS Courthouse Locations page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Miss. Code § 93-21-7(3)

You can file a petition for a protective order in a municipal, justice, county, chancery, or state military court. However, a petition that includes a request for emergency relief (i.e., an immediate ex parte temporary order) pending a hearing shall not be initiated in the chancery court – go to one of the other types of courts instead.¹

You can find a court near you by going to our MS Courthouse Locations page. Find the civil court clerk and request a petition for a permanent protective order, and also tell the clerk if you want a temporary order for immediate protection. Usually you apply for these at the same time. You can find links to petitions online by going to our MS 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. The judge may wish to ask you questions as he or she reviews your petition. The judge will decide whether or not to issue the temporary order, and a date for a permanent protective order hearing. You will be given papers that state the time and date of your hearing for a permanent order.

If the judge grants you a temporary ex parte protective 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.

A judge will set a hearing date within ten court business days of filing your temporary order.

You must go to the hearing. If you do not go to the hearing, your temporary 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 still grant you a protective order, or the judge may order a new hearing date.

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 to set a later court date so you can have time to find a lawyer for yourself. If the court does issue a continuance, the court should also reissue or extend your temporary order since your original one will probably expire before the rescheduled hearing.¹

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 MS Finding a Lawyer page.

¹ Miss. Code § 93-21-9

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 the trial de novo, if the petitioner has proven that you committed abuse against him/her, then the chancery court can grant a final domestic abuse protection order.¹

If the judge in a county court issued a final protective order against you or denied your request for a final order, you may be able to appeal to the chancery court. When the court has issued a final order after a trial, there would not be a new trial on appeal. Instead, the chancery court would review the record and make a decision as to whether or not the trial court judge made an error in granting or denying the final order. The “record” includes the transcript of the original trial, any exhibits that were entered into evidence, as well as any appellate briefs filed by either party.² 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 and follow specific rules for serving the papers on the other party. The clerk may also require that you pay filing fees unless you can get them waived due to 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)

Here are some ideas for things that you may want to do when leaving court – you will have to decide which ones work for you:

• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• One week after court, call your local law enforcement offices to make sure they have received copies of the order for protection.  If they have not, you may want to ask if you can deliver a copy to them.
• Take steps to safety plan, including possibly changing your locks and your phone number.

Ongoing safety planning is important after receiving the order.  People can do a number of 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 batterers obey protective orders, but some do not.  It is important to build on the things you have already been doing to keep yourself safe.  For more information please visit the Safety Planning page.  Advocates at local domestic violence programs can assist you in designing a safety plan and can provide other forms of support.

You can call the police or sheriff immediately, even if you think it is a minor violation. If an abuser violates an order, s/he may be arrested and jailed for up to six months and/or fined up to $1,000.¹ Another option is to file civil contempt of court charges against the abuser in the court that issued you the order. However, a person cannot be held in contempt and convicted of a misdemeanor due to the same violation of the order.² You may wish to speak with an attorney for advice if you want advice on filing for contempt or to find out what the possible penalties can be.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may help you in future court cases.

Note: If you let the abuser back into your residence, place of employment or anywhere the protective order prohibits him/her from going, it may be harder to have the order enforced in the future.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ Miss. Code § 93-21-21(1)
² Miss. Code § 93-21-21(2)

Your protective order is good in all Mississippi counties. If you move within the state, it may be a good idea to let the law enforcement in your new area know about your order.  Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.  Please see our Moving to Another State with a Protective Order page for more information.

If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order there.

If you have a valid Mississippi protective order that meets federal standards, it can be enforced in another state. See How do I know if my protective order is good under federal law? to find out if your protective order qualifies.

The Violence Against Women Act, which is a federal law, states that all valid protective orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. Each state must enforce out-of-state protective orders in the same way it enforces its own orders. Therefore, if the abuser violates an out-of-state protective order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

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

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone or by electronic means if that is an option offered by the court. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

Federal law does not require you to take any special steps to get your protective order enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid protective order is enforceable regardless of whether it has been registered or filed in the new state.¹  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state.  You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your protective 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.  To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the menu on the Places that Help tab located on the top of this page.

Custody, visitation, and child support provisions that are included in a protective order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.¹

¹ 18 U.S.C. § 2266

Generally, the state that issued your protection order can change, extend, or cancel the order. You likely cannot have this done by a court in Mississippi.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Mississippi, you may be able to get a new one issued in Mississippi but 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 protective order in Mississippi, visit our MS Protective Orders page.

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)

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)