This order is for use after a hearing in which the court makes specific findings that the petition was without merit and that the petitioner is NOT a victim of domestic abuse. The court in that circumstance, is permitted by statute, but not mandated, to assess court costs to the petitioner.
Mississippi Order Denying Petition for Domestic Abuse Protective Order and Assessing Costs to Petitioner
State:
Mississippi
Control #:
MS-DV-0004
Format:
PDF
Instant download
Description
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FAQ
Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready. If witnesses or documents that have been subpoenaed and are not in the court, let the judge know. Dress in a manner similar to that as you would for a job interview.
Under section 93-21-7(2) of the Mississippi Code, there is no cost to file for a protection order. . temporary restraining order. the clerk will fill out the information for you.
If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.
Decide the evidence you want to use.Evidence is what you present in court to prove that the Respondent has harmed or may harm you (and/or your child). Evidence can be your testimony, the testimony of witnesses, documents, photos, or objects such as torn clothing or a weapon.
If the judge is satisfied, he or she will issue a temporary protective order that will last ten days, but which can be extended upon request, up to the maximum length of one year, but can only last 30 days where the victim has minor children with the abuser.
It does not cost anything to file for an order of protection. Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court.If you are going to be in court without a lawyer, our Preparing for Court By Yourself section may be useful to you.
Ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order. Get the 209A protective order "terminated." This will end the order completely.
1Reconciliation. Strangers do not perpetrate DV, someone they love does. When someone you love is the perpetrator, leaving for good is the hardest part.2Children. Kids miss their parents, and parents miss their kids. There is a constant pressure for a parent to return to being a "family."
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
