How to Get a Restraining Order Mississippi

Obtaining a Protective Order in Mississippi

By Hancock Law Firm, PLLC |
October 14, 2015

No one deserves to be in a relationship that becomes threatening or violent. If you lot feel dangerous in your home and desire the comfort of knowing that you lot tin can legally bar a spouse or former partner from your dwelling, obtaining a protective order may exist a skilful idea. An experienced family police attorney tin can walk yous through this process and handle the paperwork and hearings required to ensure that dangerous people cannot hurt you or your family. Read on to empathize the process for obtaining a protective society in the state of Mississippi.

When Can You Become a Protective Lodge?

Temporary protective orders are available confronting spouses, former spouses, a partner with whom yous alive or share a kid, relatives with whom you lot lived, or someone you’re dating. Protective orders are designed to protect you from “abuse” every bit defined by Mississippi police, which includes attempting to crusade or causing bodily injury, threatening someone with imminent serious actual injury, sexual assault against a minor, stalking, statutory rape, sexual battery, cyberstalking, or rape past force or drugging.

How Practise You Obtain a Protective Order?

You can obtain a protective social club past going to the municipal court in your town and completing the required paperwork with the court clerk. The courtroom volition notify you of when to appear for a hearing, and if you lot annotation that you require the protective order on an emergency footing, the court will hear your petition as early equally possible. The approximate will enquire that you present any available evidence of the violence, threatened injury, abuse, or stalking you have experienced that has prompted you to request the protective order.

The abuser will not be present in court for the initial hearing. If the guess is satisfied, he or she will consequence a temporary protective gild that will final x days, but which tin be extended upon asking, up to the maximum length of 1 year, but can only last thirty days where the victim has pocket-size children with the abuser. The alleged abuser will be served with a re-create of the temporary protective gild, and every bit shortly equally service has been carried out, the order will get constructive.

In order for the temporary order to go final, the approximate will demand to hold a hearing that allows both yous and the accused abuser to tell your sides of the story. You will need to bear witness in court about why you believe the protective club should be made concluding, and the abuser volition also be able to testify and argue why the order should exist lifted. Having an attorney for this phase can save some of the pressure level of arguing in court, by allowing a legal professional to handle the paperwork and germination of arguments, and to lift the brunt off you. In granting the terminal order, the judge will have discretion regarding how long the society should last.

What Can a Protective Social club Practise?

A protective lodge will first and foremost brand information technology illegal for the abuser to have any contact with you and, if included in the order, your children. The society can go along the abuser abroad from your workplace and home, and away from any school or daycare for your children. You lot tin can request under a protective gild that the police force accompany yous to call back any personal belongings from a dwelling you shared with the abuser. The judge tin club that the abuser pay spousal support and/or child support, and can order that the abuser pay for any medical intendance you require as a result of the abuse.

Recommended Reading

• Kid Custody: What is in the Child’due south All-time Interest?
• The Power of Parents: What Are Parental Rights?

If you take been the victim of domestic corruption in the Ridgeland, Mississippi area or Madison County, contact the compassionate and knowledgeable family unit law attorneys at Hancock Law Firm for a consultation, at (601) 853-2223.