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Topic guideUpdated 2026-02-27

Mississippi Protection Orders — How to Get One

How protection from abuse orders work in Mississippi — who can file, the process, duration, firearms implications, and what to expect

A domestic abuse protection order in Mississippi is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship §93-21-1 et seq..

💡A protection order is not a criminal charge. It is a civil remedy. But violating one can result in criminal penalties, and the order itself can affect custody, housing, firearms rights, and employment.

Who can file

Spouse, former spouse, parent, child, person related by blood or marriage, person who resides or has resided in the household, or person who has a child in common with the abuser.

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Types of orders

Ex parte temporary protection order (TPO) under §93-21-11 (effective up to 10 days); protection order after hearing.

How the process works

1
File a petition
The petitioner files a verified petition with the court describing the abuse or threat. No attorney is required, and most courts provide standard forms.
2
Emergency or ex parte order
If the court finds immediate danger, it may issue a temporary order without notice to the respondent. This order typically lasts until a full hearing can be scheduled.
3
Service on the respondent
The temporary order and notice of hearing must be served on the respondent, usually by law enforcement.
4
Full hearing
Both parties appear before the court and may present evidence, testimony, and witnesses. The respondent has the right to be heard.
5
Final order
If the court finds that protection is warranted, it issues a final order that may include no-contact provisions, stay-away distances, temporary custody arrangements, and other relief.

Duration

Up to 1 year; may be extended for additional 1-year periods upon motion and finding of continued need.

Orders are filed in: Chancery court; no filing fee for victim of domestic abuse.

What a protection order can include

  • No-contact and stay-away provisions
  • Exclusive possession of a shared residence
  • Temporary custody of minor children
  • Temporary child support
  • Order to attend counseling or intervention programs
  • Prohibition on destroying, hiding, or disposing of property
  • Any other relief the court deems necessary for the petitioner's safety

Firearms and Second Amendment implications

Under federal law §18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force. Ex parte or temporary orders issued without notice to the respondent generally do not trigger this federal prohibition.

Mississippi state law: Mandatory: court shall order respondent not to possess, purchase, or receive a firearm for the duration of the order; law enforcement shall confiscate firearms upon request; violation is a misdemeanor §93-21-15.

⚠The federal firearms prohibition §18 U.S.C. § 922(g)(8) applies regardless of whether state law independently restricts firearms. A person subject to a qualifying protection order who possesses a firearm may face federal prosecution even if no state charge is filed.

Violations

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.

✓Protection orders are enforceable statewide and, under the Violence Against Women Act §18 U.S.C. § 2265, must be given full faith and credit by every other state, tribe, and territory.
Prepare for Your Consultation
Quick checklist (Family Law)
Bring what you have — missing items can be filled in later.
Current custody / support
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Key dates
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Income / expense basics
(if support involved)
General preparation tips only. Procedures vary by court and issues.
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Common Questions

Frequently Asked Questions

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Related guides

Mississippi Family Law Guide — Divorce, Custody & Support
Read →
Temporary Orders in Mississippi Family Cases — What to Know
Read →
Mississippi Family Law — Contempt & Enforcement Actions
Read →
Legal authoritiesStatutes referenced on this page
Miss. Code Ann. § 93-21-1 et seq.
Domestic Abuse Protection Order
Authorizes courts to issue protection orders for victims of domestic violence, abuse, or threats. [def:ex parte|Ex parte] temporary protection order (TPO) under [§ 93-21-11] (effective up to 10 days); protection order after hearing.
  • Duration: Up to 1 year; may be extended for additional 1-year periods upon motion and finding of continued need
  • Court: Chancery court; no filing fee for victim of domestic abuse
View →
Miss. Code Ann. § 93-21-15
State firearms restriction
Mandatory: court shall order respondent not to possess, purchase, or receive a firearm for the duration of the order; law enforcement shall confiscate firearms upon request; violation is a misdemeanor
View →
18 U.S.C. § 922(g)(8)
Federal firearms prohibition
Prohibits firearm possession by any person subject to a qualifying protection order issued after a hearing with notice, that restrains threats or force against an intimate partner or child, and includes a credible-threat finding or explicit prohibition on force.
  • Applies regardless of state law
  • Ex parte orders generally do not trigger this provision
View →
Verified 2026-07-25 · semiannual review
18 U.S.C. § 2265
Full faith and credit (VAWA)
Requires every state, tribe, and territory to enforce valid protection orders issued by any other jurisdiction.
View →
Verified 2026-07-13 · semiannual review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →