Protective Orders in Mississippi

Who qualifies for a protective order

Family or household members are covered under Mississippi's Protection from Domestic Abuse Law. This includes current and former spouses, along with relatives by blood or marriage. People who live together now, or who lived together as a household in the past, are covered too, as are people who share a child. A dating relationship without cohabitation or a shared child may fall outside this statute's protection. This is one area where Mississippi's law is narrower than some other states', so check eligibility with the filing court before you file.

Temporary orders and the full hearing

Showing immediate danger lets a petitioner get a same-day temporary ex parte order, granted without the respondent present. Once served, that order takes effect and stays active until the full hearing takes place. That hearing is generally scheduled within about 10 days of the temporary order under Mississippi law. After the hearing, a Mississippi protective order can last up to a year, and it can be renewed.

The chancery court's own calendar determines exact hearing scheduling. Check the date and any required local paperwork with the chancery clerk in the county where you filed.

Filing is free, and where to file

No filing fee applies to a domestic abuse protective order petition in Mississippi. You can file in the chancery court of the county where you live, where the respondent lives, or where the abuse took place. Standard petition forms are available through Mississippi's court system, so you can file without hiring an attorney.

Firearms provisions

While a protective order is active, Mississippi courts can order the respondent to refrain from possessing firearms. Separately, federal law restricts firearm possession for anyone subject to certain qualifying domestic violence protective orders. Arrest is a real risk here: violating a Mississippi protective order is a criminal offense.

Protective orders and divorce or custody cases

In Mississippi, a domestic abuse protective order is filed as its own separate case, apart from any divorce or custody matter. You don't need either of those open to request one. Even so, the order can set temporary custody and visitation terms for shared children while it remains active. Because chancery court also hears divorce and custody matters, a protective order and a related family case often end up coordinated within the same courthouse.