Mississippi Restraining Order Laws (2026): How to Get a Domestic Abuse Protection Order
Mississippi Restraining Order Laws (2026): How to Get a Domestic Abuse Protection Order
In Mississippi, victims of domestic abuse can seek a Domestic Abuse Protection Order (DAPO) through municipal, justice, county, or chancery court; the order covers spouses, former spouses, co-parents, relatives, and people in current or former dating relationships. Filing is free, and a court can issue a same-day emergency order when immediate danger is present.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Mississippi
Mississippi provides one civil protective order track for domestic situations: the Domestic Abuse Protection Order (DAPO) under Miss. Code Ann. 93-21-1 through 93-21-33. Mississippi's framework uses three order types in sequence: an Emergency DAPO issued the same day on an ex parte basis when immediate danger exists; a Temporary DAPO issued after limited review, primarily in justice and municipal courts; and a Final DAPO issued by chancery or county court after a full hearing with notice to the respondent.
A DAPO can order the respondent to stop abusive conduct, stay away from the petitioner's residence and workplace, have no contact with the petitioner and any minor children, and grant the petitioner temporary possession of the shared home.
Mississippi does not have a separate civil harassment or anti-stalking protective order. Victims of harassment or stalking who do not share a qualifying domestic relationship with the respondent are generally directed to the criminal stalking statute, Miss. Code Ann. 97-3-107, which allows law enforcement to pursue criminal charges but does not give the victim a civil order they can independently seek. If you are being stalked or harassed by someone outside a domestic relationship, contact law enforcement for a criminal approach and consult a local advocate about available options.
Who can get a restraining order in Mississippi?
To obtain a DAPO, the petitioner must have a qualifying relationship with the respondent. Mississippi covers a broad range of domestic and family relationships, including:
- Current or former spouses
- People who are living as spouses, or who have previously lived as spouses
- Co-parents who share a minor child in common
- Relatives by consanguinity (blood) or affinity (marriage) who reside together or have previously resided together
- People in a current or former "dating relationship," which Mississippi defines as a romantic or intimate relationship, not a purely casual, social, or business association
The inclusion of dating relationships in Mississippi's statute means that victims of abuse by a current or former romantic partner can seek a DAPO even if they never lived together and never married.
Because Mississippi has no separate civil harassment order, a person being harassed or stalked by a neighbor, coworker, acquaintance, or stranger cannot pursue the DAPO route. That gap in civil coverage makes working with law enforcement on criminal charges particularly important in those situations.
How to file for a restraining order in Mississippi
Mississippi allows you to file for a DAPO in multiple courts: a municipal court or justice court can issue an emergency or temporary DAPO, and a county court or chancery court is the venue for a final DAPO. You can file in the county where you or the respondent lives, or where the abuse occurred. There is no residency requirement.
Filing a DAPO is free. Miss. Code Ann. 93-21-7(2) explicitly waives the filing fee for DAPO petitions. The Sheriff's office serves the respondent at no charge. Federal law under the Violence Against Women Act also prohibits courts from imposing service fees on victims seeking domestic-violence protective orders.
To start, you complete a petition form describing the abuse in your own words. Your local courthouse self-help center can assist with the paperwork. Mississippi Coalition Against Domestic Violence (1-800-898-3234) can connect you with a local program where advocates often accompany petitioners to court and help present their situation to the judge. After you file, the clerk brings your petition to a judge, who can issue an emergency order that same day if the facts show immediate danger.
Temporary vs. final orders: how long they last
Mississippi uses a tiered system before a final order is issued. First, a judge can issue an emergency DAPO the same day you file, without the respondent present (ex parte), if the petition shows you are in immediate danger. That emergency order is effective for 10 days, or until a hearing is held, whichever comes first. The court may grant continuances of up to 20 days each while the case is pending.
| Order type | Duration | Issuing court |
|---|---|---|
| Emergency DAPO (ex parte) | Up to 10 days (continuances up to 20 days each) | Justice, municipal, county, or chancery court |
| Temporary DAPO | Up to 30 days; up to 1 year if no minor children in common | Justice or municipal court |
| Final DAPO | As long as the court finds appropriate; expiration date stated in order | County or chancery court |
A final DAPO is issued by chancery or county court after a hearing at which both parties can be present. Mississippi's statute does not set a fixed maximum duration for a final order: the court decides the appropriate length and states the expiration date in the order itself. Either party may return to court to request a modification or extension. If circumstances change or the respondent's behavior escalates, you can petition the court to modify the order's terms.
Firearms and a Mississippi protective order
Mississippi's Domestic Abuse Protection Order statute does not contain a separate statewide provision requiring respondents to surrender firearms when an order is issued. Courts may include a firearms-related prohibition in a DAPO as part of its terms, but there is no automatic or mandatory surrender obligation under state law.
Even without a state-level surrender requirement, federal law still applies. Under 18 U.S.C. 922(g)(8), any person subject to a qualifying final protective order issued after a hearing with notice and opportunity to respond may not lawfully possess firearms or ammunition. A qualifying order must include a finding that the respondent poses a credible threat to the physical safety of the petitioner or an intimate partner, or must explicitly prohibit certain threatening or harassing conduct. If your final DAPO meets those criteria, the respondent is federally prohibited from possessing firearms regardless of what Mississippi state law does or does not require.
If you are concerned that the respondent possesses firearms and may be dangerous, raise that concern explicitly with the judge at your hearing and ask the court to include a firearms prohibition in the order's terms.
What happens if someone violates the order?
Violating a DAPO is a criminal offense in Mississippi under Miss. Code Ann. 93-21-21. A violation is a misdemeanor carrying up to 6 months in county jail and a fine of up to $1,000. The court can also hold the violator in contempt of court, which carries its own separate sanctions. If the underlying act of violation also constitutes a domestic-violence assault under Miss. Code Ann. 97-3-7, felony enhancement provisions under that statute may apply.
Police in Mississippi can arrest a respondent without a warrant when they have probable cause to believe the person violated a protective order. If the respondent contacts you, comes near your home or workplace, or otherwise violates the terms of your DAPO, call 911 immediately. After the emergency has passed, report the violation to the issuing court as well. Keeping a written record of each violation, including dates, times, screenshots of messages, and names of any witnesses, gives prosecutors and the court a clear record of the respondent's ongoing conduct.
If you are not sure whether a particular contact or approach constitutes a violation of your specific order, contact the court clerk or a local domestic-violence advocate for guidance.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Mississippi Laws
- Mississippi AI Meeting Recording Laws
- Mississippi Alimony Laws
- Mississippi At-Will Employment Laws
- Mississippi Car Accident Laws
- Mississippi Car Seat Laws
- Mississippi Child Custody Laws
- Mississippi Child Support Laws
- Mississippi Common Law Marriage Laws
- Mississippi Data Privacy Laws
- Mississippi Divorce Laws
- Mississippi Dog Bite Laws
- Mississippi Emancipation Laws
- Mississippi Expungement Laws
- Mississippi Hit and Run Laws
- Mississippi Landlord-Tenant Laws
- Mississippi Lemon Laws
Sources
- Miss. Code Ann. 93-21-1 through 93-21-33 (Protection from Domestic Abuse Law): https://law.ms.gov/ (search Title 93, Chapter 21)
- Mississippi Legislature, Title 93 Chapter 21: https://legislature.ms.gov/
- Miss. Code Ann. 97-3-107 (Stalking statute): https://law.ms.gov/ (search 97-3-107)
- Mississippi Court Assistance Program (court forms): https://www.courts.ms.gov/courtassistance/courtassistance.html
For an overview of how protective orders work across all 50 states, visit our guide to restraining order laws by state.
If you are documenting harassment or abuse in Mississippi, see our Mississippi recording law page for details on consent rules that may apply.