How to Get a Restraining Order in Mississippi
In Mississippi these are called Domestic Abuse Protection Order (DAPO): Ex Parte Emergency DAPO, Temporary DAPO, and Final DAPO. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Mississippi
- Cost
- Free. There are no filing fees or fees for serving process or subpoenas. The court can order the respondent to pay costs, and a judge may charge court costs to a petitioner who filed for reasons other than protection. Attorney General DAPO brochure; Emergency DAPO Quick Reference Guide
- Emergency / temporary orders
- If you are in immediate and present danger of abuse, a judge can issue an Ex Parte Emergency DAPO without notice to the abuser; only you appear. Courts must consider emergency petitions quickly. Miss. Code Ann. §93-21-13(1)
- How long an order lasts
- A Temporary DAPO (Municipal or Justice Court) lasts up to 30 days if the parties share minor children, or up to 1 year if not. A Final DAPO (County or Chancery Court) lasts as long as the judge finds necessary. Miss. Code Ann. §93-21-15
- Where to ask
- For an emergency order: Municipal Court if the abuse happened or the abuser lives inside city limits; Justice Court of the county otherwise; or County Court. Chancery Court is not required to hear emergency requests. Miss. Code Ann. §§93-21-5, 93-21-13; Emergency DAPO Quick Reference Guide
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Domestic Abuse Protection Orders under the Protection from Domestic Abuse Law. Abuse can include physical violence, threats, stalking or cyberstalking, sexual assault, and criminal sexual conduct against a minor. There are three levels: an Ex Parte Emergency DAPO, a Temporary DAPO (Municipal and Justice Courts), and a Final DAPO (County and Chancery Courts). Criminal courts can also issue criminal domestic abuse and sexual assault protection orders. Mississippi's official code is published through LexisNexis; statute cites here come from the Attorney General's bench card rather than the code text. |
|---|---|
| Who can ask for an order | Victims whose abuser is a spouse or former spouse; someone living or who lived with them as a spouse; a current or former dating partner; a relative by blood or marriage who lives or lived with them; or someone they have a child with. A petition can also be filed on behalf of minor children or a person alleged to be incompetent. |
| Where to ask | For an emergency order: Municipal Court if the abuse happened or the abuser lives inside city limits; Justice Court of the county otherwise; or County Court. Chancery Court is not required to hear emergency requests. Final DAPOs come from County or Chancery Court. Venue is proper where the respondent lives or where the abuse occurred. You do not need an attorney. |
| Cost | Free. There are no filing fees or fees for serving process or subpoenas. The court can order the respondent to pay costs, and a judge may charge court costs to a petitioner who filed for reasons other than protection. |
Emergency orders and the hearing
| Emergency / temporary orders | If you are in immediate and present danger of abuse, a judge can issue an Ex Parte Emergency DAPO without notice to the abuser; only you appear. Courts must consider emergency petitions quickly. It lasts 10 days or until a hearing can be held, whichever comes first, and can be extended with the hearing continued up to 20 days (for example, if the abuser has not been served). Source: Miss. Code Ann. §93-21-13(1) |
|---|---|
| Serving the order | The court clerk sends the order, notice and summons to the appropriate law enforcement agency or process server to serve the respondent in person. There are no service fees for the petitioner. Orders are entered in the Mississippi Protection Order Registry within 24 hours and sent to the sheriff. |
| The court hearing | The court holds a hearing within 10 days of the petition being filed. Both sides can present evidence; you will need to prove the abuse by a preponderance of the evidence. The hearing can go forward without the respondent if they were properly served. If you do not attend, the order expires and the petition is dismissed; contact the clerk to request a continuance if you cannot attend. Source: Miss. Code Ann. §93-21-11 |
| How long an order lasts | A Temporary DAPO (Municipal or Justice Court) lasts up to 30 days if the parties share minor children, or up to 1 year if not. A Final DAPO (County or Chancery Court) lasts as long as the judge finds necessary. Custody, visitation and child support terms in a DAPO expire after 180 days, so a separate custody case must be filed. Source: Miss. Code Ann. §93-21-15 |
What the order does
| What an order can require | Order the respondent not to abuse, threaten or contact the protected people (in person, by phone, electronically or through others) and to stay a set distance away; bar transferring jointly owned property; give you sole use of a shared home by removing the respondent; direct police to help you get the home or your clothing and necessities; order the respondent to pay court costs. County and Chancery Courts can also set temporary custody, visitation and support, and order restitution for losses from the abuse. |
|---|---|
| If the order is violated | Violating a DAPO is a misdemeanor punishable by up to 6 months in county jail or a fine of up to $1,000. Call 911 or law enforcement; charges can be brought where the violation happened. Instead, the issuing court can hold the person in contempt, but not both for the same violation. Source: Miss. Code Ann. §93-21-21 |
Children and privacy
| Minors and children | The petition can be filed on behalf of minor children (and persons alleged to be incompetent) who have been abused by the respondent. |
|---|---|
| Keeping your address private | The Attorney General's Address Confidentiality Program (ACP) is free for people who move to escape domestic violence, sexual abuse or stalking. Mail goes to a substitute address and is forwarded, and the substitute address can be used for a driver's license, voter registration and school enrollment. Contact 601-359-6766 or 800-829-6766. You can also ask the court to keep your address confidential on the petition. |
Forms and help in Mississippi
- Mississippi courts: protective order help
- Official Mississippi protective order forms
- Mississippi Coalition Against Domestic Violence (as listed by the Attorney General's Office) — 1-800-898-3234
- Free legal aid in Mississippi
Mississippi protective order FAQ
What kinds of protective orders are available in Mississippi?
Domestic Abuse Protection Orders under the Protection from Domestic Abuse Law. Abuse can include physical violence, threats, stalking or cyberstalking, sexual assault, and criminal sexual conduct against a minor. There are three levels: an Ex Parte Emergency DAPO, a Temporary DAPO (Municipal and Justice Courts), and a Final DAPO (County and Chancery Courts). Criminal courts can also issue criminal domestic abuse and sexual assault protection orders.
Who can get a restraining order in Mississippi?
Victims whose abuser is a spouse or former spouse; someone living or who lived with them as a spouse; a current or former dating partner; a relative by blood or marriage who lives or lived with them; or someone they have a child with. A petition can also be filed on behalf of minor children or a person alleged to be incompetent.
Where do I file for a restraining order in Mississippi?
For an emergency order: Municipal Court if the abuse happened or the abuser lives inside city limits; Justice Court of the county otherwise; or County Court. Chancery Court is not required to hear emergency requests. Final DAPOs come from County or Chancery Court. Venue is proper where the respondent lives or where the abuse occurred. You do not need an attorney.
Does it cost money to get a restraining order in Mississippi?
Free. There are no filing fees or fees for serving process or subpoenas. The court can order the respondent to pay costs, and a judge may charge court costs to a petitioner who filed for reasons other than protection.
How fast can I get an emergency protective order in Mississippi?
If you are in immediate and present danger of abuse, a judge can issue an Ex Parte Emergency DAPO without notice to the abuser; only you appear. Courts must consider emergency petitions quickly. It lasts 10 days or until a hearing can be held, whichever comes first, and can be extended with the hearing continued up to 20 days (for example, if the abuser has not been served).
What happens at the restraining order hearing in Mississippi?
The court holds a hearing within 10 days of the petition being filed. Both sides can present evidence; you will need to prove the abuse by a preponderance of the evidence. The hearing can go forward without the respondent if they were properly served. If you do not attend, the order expires and the petition is dismissed; contact the clerk to request a continuance if you cannot attend.
How long does a restraining order last in Mississippi?
A Temporary DAPO (Municipal or Justice Court) lasts up to 30 days if the parties share minor children, or up to 1 year if not. A Final DAPO (County or Chancery Court) lasts as long as the judge finds necessary. Custody, visitation and child support terms in a DAPO expire after 180 days, so a separate custody case must be filed.
What can a protective order do in Mississippi?
Order the respondent not to abuse, threaten or contact the protected people (in person, by phone, electronically or through others) and to stay a set distance away; bar transferring jointly owned property; give you sole use of a shared home by removing the respondent; direct police to help you get the home or your clothing and necessities; order the respondent to pay court costs. County and Chancery Courts can also set temporary custody, visitation and support, and order restitution for losses from the abuse.
How is a restraining order served in Mississippi?
The court clerk sends the order, notice and summons to the appropriate law enforcement agency or process server to serve the respondent in person. There are no service fees for the petitioner. Orders are entered in the Mississippi Protection Order Registry within 24 hours and sent to the sheriff.
What happens if someone violates a protective order in Mississippi?
Violating a DAPO is a misdemeanor punishable by up to 6 months in county jail or a fine of up to $1,000. Call 911 or law enforcement; charges can be brought where the violation happened. Instead, the issuing court can hold the person in contempt, but not both for the same violation.
Can a minor get a restraining order in Mississippi?
The petition can be filed on behalf of minor children (and persons alleged to be incompetent) who have been abused by the respondent.
Can I keep my address confidential in Mississippi?
The Attorney General's Address Confidentiality Program (ACP) is free for people who move to escape domestic violence, sexual abuse or stalking. Mail goes to a substitute address and is forwarded, and the substitute address can be used for a driver's license, voter registration and school enrollment. Contact 601-359-6766 or 800-829-6766. You can also ask the court to keep your address confidential on the petition.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.