How To Get A Restraining Order In Mississippi 

Restraining or protective orders in Mississippi are court orders designed to prevent a person from coming into contact with another person. Mississippi Courts issue protective orders to individuals seeking protection from domestic abuse (Mississippi Code § 93-21-3(a)), stalking, harassment, or any threat of harm. The order also addresses temporary custody, child support, and property control issues. Violating a restraining order in Mississippi could attract penalties such as fines or imprisonment.

In Mississippi, restraining orders typically become part of a civil court record once they are filed with the court clerk and recorded in the Mississippi Protection Order Registry. This usually happens immediately after the court grants the order for protection.

Types Of Restraining Orders in Mississippi 

There are two major types of restraining or protective orders in the state of Mississippi:

• A Temporary Protection Order (TPO) is issued to offer quick and emergency protection to the person seeking the order. It is designed to order the abuser to stay away from the protected person and all close relationships (children, spouse, and any close family member). However, this type of order is only granted if the victim can convince the judge through testimony or petition to prevent immediate harm to a person (MS. Code § 93-21-15 (1)(a)). 
• Final or Permanent Protection Order (FPO) is issued only after a court hearing in which both the person to be protected and the abuser can present evidence. It offers longer-term legal protection than the temporary order. A final order can last for as long as the court believes or deems it appropriate (MS Code § 93-21-15 (2)(b)). Note it is possible to petition for a permanent protection order without receiving a temporary protection order.
• Domestic Abuse Protection Orders (DAPO) are issued to victims of domestic violence, abuse, or harassment by a family or household member (MS Code § 93-21-7). 
• Protection from Stalking Orders are issued to victims of stalking or harassment by someone who is not a family or household member (MS Code. § 97-3-107).
• Protection from Sexual Assault Orders are issued to victims of sexual assault, rape, or attempted sexual assault. These orders provide protection against any sexual contact or harassment by the perpetrator. The legal reference for Protection from Sexual Assault Orders can be found in MS Code. § 97-3-68.

Are Restraining Orders Public Records In Mississippi?

In Mississippi, restraining orders are not entirely public records. According to MS Code §â€¯93‑21‑25, any part of a protection order that reveals the identity or location of the protected person is not a public record. For instance, while a domestic abuse protection order may exist, the details that could threaten the safety of the protected individual are kept confidential. However, such records are kept and only accessible to law enforcement officers, judges, clerks of court, and prosecutors through the Protection Order Registry in Mississippi. The general public, private employers, journalists, and involved individuals cannot view protective orders in the registry.

How To Lookup Restraining Orders In Mississippi 

In Mississippi, individuals can request access to restraining order information through court records in person or online. Visit the specific courthouse and request from the court clerk where the order was filed to access records. Each court has a certain process for individuals to easily make copies of the relevant documents, including protection orders.

The State of Mississippi Judiciary website offers online access to civil court records through the Mississippi Electronic Courts (MEC) system. The MEC allows individuals to search for protective orders that Mississippi Law does not deem confidential. Users are required to complete the mandatory Public Access to Mississippi Electronic Courts (PAMEC) account registration at a $10 annual subscription fee. After a successful registration on the system, each user is issued login details required to view case records, such as protective orders. The system's search options for protective orders are either by party name or case number.

Can You Lookup A Restraining Order Online?

Yes. Restraining orders in Mississippi can be accessed by the public through online court case search tools. However, access is restricted depending on the type of case records and whether the records are sealed. The Mississippi Electronic Court system allows the public to search civil and family court cases, including those involving restraining orders. These orders may be filed as part of a domestic abuse, custody proceeding, or divorce matter.

Furthermore, some counties offer free online search tools that allow public users to access court cases involving restraining orders. Depending on the county, the search is usually completed using the party name or case type. For sealed court cases, the requester can contact the clerk of the Chancery or Circuit Court where the order was filed.

How To File A Restraining Order In Mississippi

Below is an accurate guide on how the process of filing a restraining order in Mississippi works:

• Step 1. Gather Necessary Information

Before filing a restraining order petition, the petitioner must gather the necessary information. This may include full names, addresses, phone numbers for both the petitioner and the respondent, and detailed incident documentation. Be sure to include specific accounts and evidence of abuse, threats, harassment, or violence.

• Step 2. Request the Forms for Protection at the Right Court

All requests for protective orders are usually filed in the Chancery or Justice Court in each county where the abuser or respondent lives. Chancery Court is most appropriate for domestic abuse cases. Justice Court may be more suitable for stalking or assault. Find the specific courthouse location in Mississippi and request a petition for a protective order. The court clerk makes the protection order forms available while the respondent prepares a request form alongside a petition and an affidavit. 

• Step 3. Clearly fill out the Forms

On the protective order form, the person filling the form will be the 'petitioner' and the abuser will be the 'defendant.' While filling out the forms, include all relevant details and evidence supporting the need for protection. This requires the petitioner to be specific about the incidents abuse or threat. 

• Step 4. Swear to the Truth of Statement

The petitioner must sign the affidavit under oath at the courthouse in front of a court clerk or a notary public.

• Step 5. Request an Emergency or Temporary Protection Order

In cases of immediate danger, the court may issue a Temporary Protection Order or Temporary Restraining Order without notifying the respondent. This order provides short-term protection before a full hearing can be held.

• Step 6. Serve the Respondent

The respondent must be formally served with a copy of the petition, the temporary order (if granted), and a notice of the hearing (MS Code § 93-21-11(2)). However, this should be done by the Sheriff's Department or an official process server.

• Step 7. Case Presentation at the Final Hearing

The petitioner and respondent will be able to present evidence and testimony at the final hearing (MS Code § 93-21-11(1)). If the judge finds sufficient evidence, they may issue a Final Protection Order including conditions like no-contact, stay-away zones, and visitation restrictions.

Can You File A Restraining Order For No Reason In Mississippi?

No. In Mississippi, it is impossible to file a restraining order for no reason. A restraining order requires the petitioner to come forward with specific evidence and reasonable proof for abuse or sexual harassment. The victim must be able to show the court that the abuser caused bodily harm, fear of impending serious physical injury, or other abusive acts.

What Proof Do You Need For A Restraining Order In Mississippi?

To obtain a restraining order in Mississippi, the petitioner must present reasonable evidence of the abuse, harassment, or threats to the court to justify the petition. The court uses the "preponderance of the evidence" standard as the burden of proof in restraining order cases. This means that the judge must be convinced that it is more likely than not that the abuse, violence, or harassment happened.

The following are types of evidence that can support a petition for restraining order in Mississippi:

• Text Messages and emails
• Voicemails and recordings 
• Police reports
• Medical records from hospital 
• Sworn Statement (written and signed affidavit describing the abuse)
• Photos and screenshots of injuries or destroyed property
• Witness testimony (from friends, neighbors, or relatives)
• Social Media posts.

How Long Does It Take To Get A Restraining Order In Mississippi?

The duration it takes to get a restraining order in Mississippi may vary depending on the type of order. Sometimes, a court can grant the petition soon after it is filed or within 7 to 21 days.

• Temporary protective orders are usually issued when the court files the order or within a few hours, depending on the affidavit involved. 
• Depending on the court schedule, a petitioner can receive a final protective order within 2 to 3 weeks of filing it.

How Long Does A Restraining Order Last In Mississippi?

In Mississippi, each type of restraining or protective order has different expiration time frame, including:

• Temporary protective order

This type of order usually lasts up to 10 days after serving the abuser and will expire when the court holds a hearing for the final order. However, in cases where the abuser and victim have minor children together, a temporary order can last up to a maximum of 30 days. If both parties do not have minor children together, a temporary protective order can be longer than 30 days, or a one-year extension (MS Code. § 93-21-15 (2)(b)).

• Permanent protective order

A typical permanent protective order may remain active for 3 years or longer if the court finds a reasonable reason to extend the terms (MS Code. § 93-21-15 (2)(c)).

• Emergency protective order

For urgent domestic abuse cases in Mississippi, an emergency protective order can last up to 72 hours to ensure the victim is safe until the court case hearing.

How Much Does A Restraining Order Cost in Mississippi?

Under section 93-21-7(3) of the Mississippi Code, the petitioner does not pay to file for a protection order. The state automatically waives filing and service fees for petitioners or victims of protective orders. If the court finds that the petitioner is entitled to a protective order from abuse, the court is authorized to assess all costs to the respondent, including the attorney's fees. The cost breakdown includes the price for the initial filing, issuance, and service of any notice of a hearing to the respondent, or issuance and service of the witness subpoena.

Can You Cancel A Restraining Order In Mississippi?

Yes. A petitioner or respondent can cancel or dismiss a restraining order in Mississippi, but only through the court where the order was issued. If the defendant no longer wants the protection order, the defendant can file a motion to modify the temporary or final protection order or ask to cancel the order. However, both parties can file a motion to cancel a restraining order and must attend a hearing with the court. 

Upon submitting an initial petition to cancel the restraining order, the court will decide whether to schedule a hearing that the victim or abuser must attend. If the court grants the petition, a hearing will be held for the defendant or respondent to present their case with reasonable evidence. The judge can decide to cancel the restraining order based on the facts presented in the hearing. In cases where both parties agree to cancel together, only the court judge can approve it to ensure the legal validity of the case.