Protection From Domestic Abuse
Authored By: North Mississippi Rural Legal Services
Protection From Domestic Abuse
A Protective Order from domestic abuse may be issued by a chancery, justice, municipal or county Court.
Protective Orders are available for the prevention of attempts to cause or intentionally, knowingly or recklessly cause bodily injury, with or without a deadly weapon; or the prevention of placing by physical menace of threat, another in fear of imminent serious bodily injury or, the commission of sexual misconduct committed against a minor.
Theses Orders apply to spouses, former spouses, family and household members, parent, children and people involved in a current dating relationship or people related by blood or marriage.
A petition or complaint has to be filed with the Court Clerk. You do not need a lawyer prior to filing for a protection from Domestic Abuse Order. You are not require to pay a fee prior to filing for a protection from domestic abuse order. An Order obtained without the Defendant having a hearing is only valid temporary after which there must be a hearing in Chancery Court.
Protective Orders from other jurisdictions are to be accorded full faith and credit by the courts of the state and enforced as if it was issued by this state.
If a domestic situation has gotten so bad that temporary shelter is needed, there are Domestic Violence shelters located throughout Mississippi. Shelters are not required to disclose the street address or physical location of that shelter to anyone.
Upon a finding of contempt the party may be incarcerated up to six(6) months and fined up to $1,000.00.
If a law enforcement officer has probable cause to believe that a person has within 24 hour committed domestic violence or has violated an Order issued by a Court pursuant to a protection from domestic abuse order he shall arrest that person.
Additionally, a law enforcement officer is to provide certain assistance in domestic abuse situations. When feasible, if assistance is requested, they must transport the victim to obtain medical attention or to a shelter. Also, when feasible they must accompany the victim to his or her residence to get food, clothing, medication or other personal property necessary to allow the victim and any minor children to remain elsewhere pending further proceedings.
A protective order can give you temporary possession of the residence to the exclusion of the defendant. It can prohibit the transfer, disposition, or encumbering of property mutually owned or leased by the parties. An order entered by Justice, Municipal or County Court is valid for a maximum of 10 days and more permanent relief must be obtained in Chancery Court. An order entered by Chancery Court shall be for a fixed period of time not to exceed three years.
A protective order granted by a Chancery Court can award temporary custody, establish temporary visitation, order temporary support for the petitioner and child/children, order medical expenses, recover lost earnings, out of pocket loss for injuries sustained, moving expenses, attorney fees, can order counseling and/or professional medical treatment.
If the abuser is convicted and incarcerated, as a victim of crime, you have the right to be notified within fifteen (15) days prior to the end of his sentence, notice of release upon end of sentence or notice of medical release, and notice within fifteen (15) days, the prisoner has died (if within the custody of the Mississippi Department of Corrections Victims Notification. You also have the right to be notified of any subsequent recapture of the offender. Other Victim Rights afforded the authority of Mississippi Department of Corrections include:
Although SSA do not routinely assign new numbers, they will do so when evidence shows you are being harassed, abused or endangered. However, a new Social Security number alone cannot protect you, particularly if your original number did not play a role in the harassment, abuse or life endangerment.
You must apply in person at any Social Security office. They will help you complete a statement explaining why you need a new number; and an application for a new number.
You will need to present:
The best evidence of abuse comes from third parties, such as police, medical facilities or doctors, and describes the nature and extent of harassment, abuse or endangerment. Other evidence may include court restraining orders, letters from sheriff, family members, friends, counselors or others who have knowledge of the domestic violence or abuse.
Yes. Your Social Security number and SSA records are confidential. They do not furnish your number to third parties. They get your number when you give it out. Therefore, you should be careful about sharing your number with those who ask for it, even when they provide you with a benefit service. This is especially important if you obtain a new number to break the link to an abusive past.