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 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)