Resource for a Recourse: Online Resource Center for Survivors of Abuse

MISSISSIPPI : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under MS law, Domestic "Abuse" is defined as:

Intentionally causing bodily injury or serious bodily injury with or without a deadly weapon;
Making someone afraid (by threats or other means) of serious bodily injury that is about to happen; or
Committing a sexual crime (as defined by MS law) against a minor.

Anyone who is being abused by a family member, domestic partner, former domestic partner, or a current dating partner may file for a protective order. That means you can apply for an order if the abuser is:

a spouse or former spouse
someone you live with or used to live with
a parent or child
someone related to you by blood, adoption, or marriage
a current or former dating partner.

Types of protective orders:

A temporary order

This 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 evidence 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 10 days after the abuser has been presented, or served, with the temporary order. The orders can be extended for up to 20 days.

You may receive a temporary order ex parte, which means without the knowledge of the abuser, or his presence in the courtroom.

A permanent order

This 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 permanent order lasts up to three years.

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Benefits:

A temporary order can:

Order your abuser to stop abusing you, your children, and any person deemed to be incompetent;
Grant you possession of the residence or household, and order your abuser to leave the residence.

Or, by agreement, allow the abuser to provide you with suitable, alternate housing (when the abuser has a duty to support you or your children, and is the sole owner of the residence or household)

Prohibit any mutually owned or leased property between you and your abuser from being transferred or disposed, unless it is in the ordinary course of business.

A permanent order can do all of the things that a temporary order can; additionally, it can:

Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms.
Order your abuser to pay you monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to, medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, and a reasonable attorney's fee,
Order counseling or professional medical treatment for you and/or the abuser

Whether a judge orders any or all of the above depends on the facts of your case.

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Costs:

There is no filing fee to get a Protective Order.

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.

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Violations:

Call the police or sheriff immediately, even if you think it is a minor violation. If an abuser violates an order he may be arrested and jailed for up to six months or fined.

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 will help you have the order extended or modified.

You may also file civil contempt of court charges against the abuser. You may wish to hire an attorney to help you with this legal process. The charges must be filed in the court, which originally issued your restraining order.

Note: If you let your 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

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