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 with its own petition track, so a victim of harassment or stalking who does not share a qualifying domestic relationship with the respondent cannot file for a DAPO. That is not the same as having no civil remedy at all. The criminal stalking statute, Miss. Code Ann. 97-3-107, lets law enforcement pursue charges. Separately, Miss. Code Ann. 11-13-41 expressly contemplates a victim of stalking or sexual assault filing "an action seeking injunctive relief preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to the victim against the perpetrator," and it bars any fee for that filing, for the issuance of court process, or for the issuance of the protective order itself. When the court grants that relief, it assesses costs of court to the perpetrator. Contact law enforcement about the criminal side and a local advocate for support; for the injunction itself, get a free case evaluation from a Mississippi lawyer on bringing the section 11-13-41 action in your court (attorney advertising).

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. Working with law enforcement on criminal charges matters more in those situations, and a victim of stalking or sexual assault may also ask a court for injunctive relief under Miss. Code Ann. 11-13-41 without being assessed filing, process, or order fees.

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. Under Miss. Code Ann. 93-21-5(2), venue is proper in any county or municipality where the respondent resides, or in any county or municipality where the alleged abusive act or acts occurred. Your own county of residence is a proper venue only when the respondent also lives there or the abuse happened there. If a petition is filed in a court lacking proper venue, the court must transfer the case to the appropriate venue when the respondent objects.

Filing a DAPO is free. Miss. Code Ann. 93-21-7(3) provides that the petitioner shall not bear the costs associated with filing, or the costs of issuing or serving a hearing notice, a protection order, a warrant, or a witness subpoena. 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. One limit is worth knowing before you choose a courthouse: under Miss. Code Ann. 93-21-7(2), a petition requesting emergency relief pending a hearing may not be filed in chancery court unless the chancellor specifically permits it under the circumstances, or unless it is filed as a separate pleading in an ongoing chancery action between the parties. In practice that makes justice, municipal, and county courts the usual venues for same-day relief.

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.

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.

More Mississippi Laws

• Mississippi Child Custody Laws
• Mississippi Divorce Laws
• Mississippi GPS Tracking Laws
• Mississippi Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Mississippi?

File a petition for a Domestic Abuse Protection Order (DAPO) in municipal, justice, county, or chancery court. Under Miss. Code Ann. 93-21-5(2), venue is proper in any county or municipality where the respondent resides or where the alleged abusive act or acts occurred, so your own county works only if one of those is also true there. A judge can issue a same-day emergency order if there is immediate danger, though a petition asking for emergency relief cannot be filed in chancery court unless the chancellor permits it or it is part of an ongoing chancery case. Filing is free, and local domestic-violence programs can help you complete the paperwork.

How long does a restraining order last in Mississippi?

An emergency DAPO lasts up to 10 days. A temporary DAPO lasts up to 30 days (or up to 1 year if the parties share no minor children). A final DAPO lasts as long as the court determines is appropriate; the expiration date is written into the order. Either party may return to court to request a modification or extension.

How much does a restraining order cost in Mississippi?

Filing a DAPO is free. Miss. Code Ann. 93-21-7(3) provides that the petitioner does not bear the costs of filing, or the costs of issuing or serving a hearing notice, the protection order, a warrant, or a witness subpoena, and the sheriff serves the respondent at no charge. Federal law under the Violence Against Women Act also prohibits courts from charging filing or service fees for domestic-violence protective orders.

Can I get a restraining order without a police report?

Yes. You do not need a prior police report to file a DAPO in Mississippi. The petition is based on your own sworn description of the abuse. Police reports, photographs, medical records, and text messages can strengthen your case at the hearing, but they are not required to initiate the process.

Does a restraining order take away gun rights in Mississippi?

Mississippi's DAPO statute does not contain a mandatory firearms surrender requirement. However, if your final DAPO qualifies under the federal criteria in 18 U.S.C. 922(g)(8), the respondent is federally prohibited from possessing firearms or ammunition. Ask the judge at your hearing to include an explicit firearms prohibition in the order's terms.

What happens if the respondent violates the order?

Violating a DAPO is a misdemeanor under Miss. Code Ann. 93-21-21, punishable by up to 6 months in county jail and a fine up to $1,000. The court may also hold the respondent in contempt. If the violation also involves a domestic-violence assault, felony charges may apply under a separate statute. Call 911 immediately if the order is violated.

Can I get a restraining order against someone who is not a family member or partner in Mississippi?

Mississippi does not have a separate civil harassment or anti-stalking protective order, so you cannot obtain a DAPO against someone outside a qualifying domestic or dating relationship. That does not leave you without options. Mississippi's criminal stalking statute (Miss. Code Ann. 97-3-107) may allow for criminal charges, and Miss. Code Ann. 11-13-41 expressly contemplates a victim of stalking or sexual assault filing a civil action for injunctive relief against violent or threatening acts, harassment, contact or communication, or physical proximity, with filing, process, and order fees waived. A local victim-services advocate or an attorney can help you pursue that route.