Mississippi Criminal and Family Law BlogIf you’re facing threats of physical harm in Mississippi, you have legal options to protect yourself. One of the most effective tools is a protection order, sometimes referred to as a restraining order. Mississippi law offers protection orders based on the nature of the threat and your relationship to the individual involved. Below is an updated and accurate guide to help you understand how the process works in Mississippi. However, legal matters can be complex, and it is always best to consult a qualified attorney for personalized advice.
1. Gather Essential Information
To strengthen your petition, you’ll need to gather the following information: full names, addresses, and phone numbers for both you (the petitioner) and the respondent, and detailed incident documentation. Be sure to include specific accounts of abuse, threats, harassment, or violence. Include dates, times, locations, and any evidence such as text messages, photos, police reports, or witness statements.
2. File a Petition for Protection in the Appropriate Court
Requests for protective orders are typically filed in the Chancery Court or Justice Court in the county where you or the respondent lives. For domestic abuse cases, Chancery Court is typically appropriate. For stalking or assault, Justice Court may be more appropriate. Request the protection order forms from the court clerk, or have your attorney prepare the request forms. These will usually include a petition and an affidavit for you to describe the incidents. When completing the paperwork, be sure to fill out the forms clearly and truthfully. Include all relevant details and evidence supporting your need for protection.
3. Swear to the Truth of Your Statement
You must sign the affidavit under oath. This can usually be done at the courthouse in front of a court clerk or notary public.
4. Request an Emergency (Temporary) Protection Order
If you are in immediate danger of harm, the court may issue a Temporary Protection Order (TPO) or Temporary Restraining Order (TRO) without notifying the respondent. This order provides short-term protection until a full hearing can be held, usually within 10–20 days.
5. Serve the Respondent
The respondent must be formally served with a copy of your petition, the temporary order (if granted), and a notice of the hearing. This is usually done by the sheriff’s department or a process server.
6. Present Your Case at the Final Hearing
Both you and the respondent will have the opportunity to present evidence and testimony at the final hearing. It’s strongly advised to have an attorney represent you, especially if the respondent has legal counsel. If the judge finds sufficient evidence, they may issue a Final Protection Order. These orders can last for years and may include provisions like no-contact, stay-away zones, and temporary custody or visitation restrictions.
7. Renewal or Modification
Protection orders can be extended or modified before they expire. If threats or danger persist, file a motion for renewal at least a few weeks before the order expires.
Always prioritize your safety. If you feel you’re in imminent danger or risk of physical harm, call 911 or your local police department right away.
Navigating the legal process of seeking protection can be overwhelming, especially in the middle of a traumatic or dangerous situation. The experienced attorneys at Vic Carmody Jr., P.A. are here to help. We handle protective orders across the state of Mississippi and can help guide you through the process. Schedule your consultation today!