Domestic Violence Protection Order - Mississippi

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Mississippi requires the use of official court forms for domestic abuse protection order
petitions and orders (standardized forms developed by the Attorney General, the Mississippi
Supreme Court, and the Mississippi Judicial College per Miss. Code § 93-21-15(4)). This
template provides the substantive legal content to help you prepare — but you must transfer
your content to the official form before filing. The official forms are available from your
local chancery, county, justice, or municipal court clerk or at https://www.msatjc.org/legal-forms.
Do not file this document directly with the court.

[DRAFT] DOMESTIC VIOLENCE PROTECTION ORDER (MISSISSIPPI)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction & Statutory Authority
4. Findings of Fact and Conclusions of Law
5. Injunctive Relief (Core Protective Provisions)
6. Ancillary Relief (Custody, Support, Firearms, Residence, Counseling)
7. Enforcement Mechanisms & Violation Penalties
8. Service, Notice, and Law-Enforcement Duties
9. Duration, Modification, and Termination
10. Full Faith and Credit & Interstate Enforcement
11. General Provisions
12. Execution Block

1. DOCUMENT HEADER

IN THE ☐ CHANCERY / ☐ COUNTY / ☐ JUSTICE / ☐ MUNICIPAL COURT OF [COUNTY] COUNTY, STATE OF MISSISSIPPI

CASE NO.: __[COURT-ASSIGNED]__

PETITIONER (Protected Party): __[Petitioner Full Legal Name]__

RESPONDENT (Restrained Party): __[Respondent Full Legal Name]__

DOMESTIC ABUSE PROTECTION ORDER
(☐ Emergency (Ex Parte) Order – Effective Upon Service, up to 10 Days / ☐ Temporary Order After Hearing / ☐ Final Order After Hearing)

Effective Date: __[MM/DD/YYYY]__
Expiration Date: __[MM/DD/YYYY | "Until Modified"]__

2. DEFINITIONS

For purposes of this Order, the following capitalized terms have the meanings set forth below:

"Covered Address(es)" – Any residential, school, or employment location listed in Section 5.

"Firearm" – Any weapon that will expel a projectile by the action of an explosive or the frame or receiver of such weapon.

"Protected Person(s)" – Collectively, the Petitioner and any minor child(ren) or other household/family member(s) specifically identified in Section 5.

"Prohibited Contact" – Any direct or indirect contact whatsoever, including but not limited to in-person, telephone, text, social media, electronic messaging, third-party communication, delivery of gifts, or surveillance.

3. JURISDICTION & STATUTORY AUTHORITY

1. The Court has subject-matter jurisdiction under the Protection from Domestic Abuse Law, Miss. Code § 93-21-1 et seq. Municipal, justice, county, and chancery courts each have jurisdiction over proceedings under this chapter. Miss. Code § 93-21-5(1).
2. Venue is proper in __[County]__ County because it is a county or municipality where the Respondent resides or where the alleged abusive act(s) occurred. Miss. Code § 93-21-5(2).
3. The Respondent was duly served or has waived service as reflected in the record.

4. FINDINGS OF FACT AND CONCLUSIONS OF LAW

After reviewing the verified petition, sworn testimony, and documentary evidence, and applying the preponderance-of-the-evidence standard (Miss. Code § 93-21-15(1)(a), (2)(a)), the Court FINDS and CONCLUDES:

a. An act(s) of domestic abuse, as defined in Miss. Code § 93-21-3(a), occurred or was threatened;
b. Petitioner and Respondent are in a qualifying domestic relationship under Miss. Code § 93-21-3(a);
c. Immediate and ongoing protection is necessary to prevent further harm;
d. The Court is authorized to issue the injunctive and ancillary relief set forth herein under Miss. Code § 93-21-15.

5. INJUNCTIVE RELIEF (CORE PROTECTIVE PROVISIONS)

IT IS HEREBY ORDERED that Respondent shall:

5.1 No Contact. Cease and desist all Prohibited Contact with any Protected Person(s). (Miss. Code § 93-21-15(1)(a)(iii), (2)(a)(ix).)

5.2 Stay-Away. Maintain a minimum distance of __[500]__ feet from, and refrain from coming into physical proximity of (Miss. Code § 93-21-15(1)(a)(ii), (2)(a)(viii)):
i. Protected Person(s);
ii. Covered Address(es) listed below:
• [Residence] _____________________________________
• [School] ________________________________________
• [Place of Employment] ____________________________

5.3 Residence Exclusion. Immediately vacate the shared domicile located at __[Full Address]__ and surrender all keys, garage openers, and access codes to law-enforcement at time of service. (Miss. Code § 93-21-15(1)(a)(iv), (2)(a)(ii)–(iii).)

5.4 Harassment/Stalking. Refrain from stalking, surveillance, harassment, intimidation, destruction of property, or interference with the personal liberty of any Protected Person.

5.5 Third-Party Facilitation. Not cause, solicit, or permit any third party to violate the terms of this Order.

6. ANCILLARY RELIEF

6.1 Temporary Custody & Visitation (final order; Miss. Code § 93-21-15(2)(a)(iv))
a. Temporary legal and physical custody of the minor child(ren) __[Name(s) & DOB]__ is awarded to Petitioner.
b. Visitation for Respondent is: ☐ Suspended ☐ Supervised at __[Location/Agency]__ ☐ As set forth in attached Parenting Schedule (Exhibit A).

6.2 Child Support / Spousal Support (final order; Miss. Code § 93-21-15(2)(a)(v))
If Respondent is legally obligated to support a Protected Person, Respondent shall pay temporary support of __$[Amount]__/week via the Mississippi Department of Human Services State Disbursement Unit commencing __[Date]__.

6.3 Firearms & Ammunition
Mississippi's Protection from Domestic Abuse Law (Miss. Code § 93-21-1 et seq.) does not authorize the issuing court to order the Respondent to surrender firearms and sets no state surrender deadline. However, if this is a final domestic abuse protection order issued after notice and hearing, and the parties have a qualifying intimate-partner relationship, federal law independently prohibits Respondent from possessing, receiving, shipping, or transporting any firearm or ammunition for as long as the Order remains in effect. 18 U.S.C. § 922(g)(8). Violation of this federal prohibition is a separate federal felony.
☐ Respondent is advised of, and directed to comply with, the federal firearm prohibition by relinquishing any firearms and ammunition in Respondent's possession to a person not prohibited from possessing them, or as otherwise required by law.

6.4 Treatment / Counseling (Miss. Code § 93-21-15(2)(a)(x))
Respondent is ordered to complete ☐ Batterer Intervention Program ☐ Substance-Abuse Assessment ☐ Anger Management within __[60]__ days and provide completion certificates.

6.5 Other Relief
☐ Monetary compensation for losses caused by the abuse, including medical expenses, lost earnings/support, moving expenses, and a reasonable attorney's fee (Miss. Code § 93-21-15(2)(a)(vi)) ☐ Prohibition on transferring/encumbering jointly owned or leased property except in the ordinary course of business (§ 93-21-15(2)(a)(vii)) ☐ Vehicle possession ☐ Pet protection ☐ Transfer of cell-phone account(s) ☐ [Specify]

7. ENFORCEMENT MECHANISMS & VIOLATION PENALTIES

7.1 Criminal Enforcement. A knowing violation of this Order is a misdemeanor punishable by imprisonment in the county jail for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both. Miss. Code § 93-21-21(1). Separately, conduct that violates this Order and independently constitutes a crime (e.g., simple or aggravated domestic violence under Miss. Code § 97-3-7, stalking under § 97-3-107, or a sexual offense) may be charged and punished as a misdemeanor or felony under the applicable statute, and an interstate violation may subject Respondent to federal prosecution under 18 U.S.C. §§ 2261–2262.

7.2 Contempt. Alternatively, the issuing court may hold Respondent in contempt for a knowing violation of this Order, punishable as otherwise provided by applicable law. Respondent shall not be both convicted of a misdemeanor and held in contempt for the same violation. Miss. Code § 93-21-21(2).

7.3 Warrantless Arrest. Any law-enforcement officer who has probable cause to believe Respondent has knowingly violated this Order shall arrest Respondent, with or without a warrant. Miss. Code § 99-3-7(3)(a). An officer who acts in good faith on probable cause is immune from civil liability. Miss. Code § 93-21-27.

8. SERVICE, NOTICE, AND LAW-ENFORCEMENT DUTIES

8.1 Service. The Clerk shall immediately forward a certified copy of this Order to the __[County]__ Sheriff (or other authorized process server) for prompt personal service on Respondent. (Miss. Code § 93-21-13(1)(a).)

8.2 Registry & NCIC Entry. The clerk of the issuing court shall enter this Order — and any modification, amendment, or dismissal — into the Mississippi Protection Order Registry within twenty-four (24) hours of issuance, with no exception for weekends or holidays, and shall provide a copy to the sheriff's department of the county of issuance. Each qualifying order is automatically transmitted to the National Crime Information Center (NCIC) Protection Order File. Failure of the clerk to enter the Order does not affect its validity or enforceability. Miss. Code § 93-21-25(2); § 93-21-15(5).

8.3 Proof of Service. The serving officer shall file a sworn Return of Service with the Clerk following service.

8.4 Notice of Hearing Rights. Respondent is advised of the right to:
a. Request a hearing to modify, amend, or dissolve this Order;
b. Be represented by counsel;
c. Present evidence and cross-examine witnesses.

9. DURATION, MODIFICATION, AND TERMINATION

9.1 Duration. An emergency (ex parte) order is effective for ten (10) days or until a hearing is held, whichever occurs first (Miss. Code § 93-21-13(1)(c)). A temporary order issued by a municipal or justice court shall not exceed thirty (30) days — or, where the parties have no minor children in common, may exceed thirty (30) days but shall not exceed one (1) year (§ 93-21-15(1)(b)). A final order issued by a chancery or county court is effective for such time period as the court deems appropriate, with the expiration date clearly stated in the Order (§ 93-21-15(2)(b)).

9.2 Modification. Upon a subsequent petition by either party, and following a hearing of which both parties have received notice and an opportunity to be heard, the Court may modify, amend, or dissolve this Order. Miss. Code § 93-21-15(6).

9.3 Emergency-Order Continuance. Where a hearing on an emergency order is continued, the Court may grant or extend the emergency order as necessary for the protection of the abused person; any such continuance is valid for no longer than twenty (20) days. Miss. Code § 93-21-13(1)(c).

9.4 Duration of Child-Related Provisions. Any temporary provisions in a final order addressing custody, visitation, or support of minor children are effective for one hundred eighty (180) days. A party seeking relief beyond that period must initiate appropriate proceedings in the chancery court of appropriate jurisdiction; if neither party does so, those matters revert to any pre-existing chancery court order in effect when this Order was granted. Miss. Code § 93-21-15(2)(c).

10. FULL FAITH AND CREDIT & INTERSTATE ENFORCEMENT

This Order is issued in compliance with 18 U.S.C. § 2265 and is entitled to full faith and credit in every state, tribal, and territorial jurisdiction within the United States. It is effective in this state, in all other states, and in United States territories and tribal lands, and its scope shall not be limited to the boundaries of Mississippi or of any municipality or county. Miss. Code § 93-21-15(7). Any jurisdiction receiving a certified copy shall enforce it as if issued by its own court.

11. GENERAL PROVISIONS

11.1 Severability. If any provision of this Order is held invalid, the remainder shall remain in full force and effect.

11.2 Superseding Effect. This Order supersedes any prior inconsistent civil protection order between the parties. Criminal bond conditions remain in effect unless expressly modified herein.

11.3 Copies. Certified copies shall be provided at no cost to the parties, law-enforcement, schools, and child-care facilities as requested.

11.4 Electronic Signatures. Consistent with the Mississippi Uniform Electronic Transactions Act (Miss. Code § 75-12-1 et seq.), a facsimile or electronically-signed copy of this Order shall be deemed an original.

12. EXECUTION BLOCK

SO ORDERED, this ___ day of __________, 20___ at __:__ ☐ a.m. ☐ p.m., in __[County]__ County, Mississippi.

_______________________________
[JUDGE NAME], ☐ Chancery ☐ County ☐ Justice ☐ Municipal Court Judge

ACKNOWLEDGMENT OF RESPONDENT

I, __[Respondent Name]__, hereby acknowledge receipt of this Protection Order and understand that violation may result in arrest and criminal prosecution.

Signature: _________________________ Date: ___/___/20___

CERTIFICATE OF SERVICE

I certify that I personally served the foregoing Order on Respondent at ___:___ __.m. on ___/___/20___ at the following location: __[Address]__.

_______________________________
[Name & Badge No.], Serving Officer
[Agency]

Date Filed: ___/___/20___
Clerk: _________________________