Restraining Orders

A protective order is a court order that is designed to stop your abuser from hurting you and your family. There are two types of protective orders.

A temporary order is designed to offer you immediate, emergency protection from the abuser. Temporary orders are granted only if you can prove to the judge through your testimony or petition/affidavit that you need one to prevent immediate harm to you or your family. A judge will assume that if you are asking for a temporary order you will also want a permanent order.

A temporary order generally lasts until the court hearing that you must have in order to receive a permanent order. This usually takes place within ten days after the abuser has been served with the temporary order. If you and the abuser have minor children together, a temporary order can only last up to 30 days, maximum. However, if you do not have minor children together, a temporary protective order can be longer than 30 days, up to a maximum of one year.¹

A final order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It offers longer-term legal protection than the temporary order. A final order can last up until such time that the judge believes is appropriate. The expiration date will be clearly written on the order.²

However, if you are given temporary custody, visitation, or child support in a final protective order, those terms are only effective for 180 days. For a longer-lasting order addressing those issues, you would have to file separate petitions for custody, visitation, or support. If at the end of the 180-day period, neither party has filed a separate petition regarding those issues, the custody, visitation, or support terms will go back to whatever order was in effect regarding those topics when the protective order was granted.³

¹ Miss. Code § 93-21-15(1)(b)
² Miss. Code § 93-21-15(2)(b)
³ Miss. Code § 93-21-15(2)(c)