To get a restraining order in Mississippi, file a petition at your local chancery or county court, attend a hearing, and obtain a judge's order if granted.

In Mississippi, a restraining order-officially called a Protection from Abuse Order-can be obtained by filing a petition with the chancery or county court in your county. You must provide details about the abuse or threats. A judge reviews the petition, may issue a temporary order, and schedules a hearing. Both parties attend the hearing, and if the judge finds sufficient evidence, a long-term order is issued. The order can prohibit contact, require the abuser to leave a shared home, and set other restrictions. Violating the order is a criminal offense.

Steps to Obtain a Restraining Order in Mississippi

  1. File a petition at the chancery or county court in your county.
  2. Provide detailed information about the abuse or threats.
  3. Judge reviews petition; may issue temporary order.
  4. Attend scheduled hearing with both parties present.
  5. If granted, receive long-term order with specific restrictions.

Mississippi Protection from Abuse Order vs. Criminal Charges

Aspect Protection from Abuse Order Criminal Charges
Purpose Prevent contact and ensure safety Punish past unlawful acts
Burden of Proof Preponderance of evidence Beyond reasonable doubt
Duration Up to 1 year, renewable Varies by charge and sentence
Enforcement Civil contempt or criminal contempt Arrest and prosecution

Costs and Timeframes for Mississippi Restraining Orders

Step Typical Cost Typical Timeframe
Filing Petition $0-$50 (fee waivers available) Same day
Temporary Order $0 Within 24 hours
Hearing $0 10-15 days after filing
Final Order Issued $0 Immediately after hearing

Key Requirements for Mississippi Protection Orders

  • Must be victim of domestic abuse, stalking, or credible threats
  • Must file in county where petitioner or respondent resides
  • Must provide specific incidents and evidence if available
  • Must attend court hearing unless waived by judge