You do not need an attorney to file for a temporary restraining order.

Tell the court clerk that you would like to file for a temporary restraining order. In some courts, the clerk will ask you to fill out the paperwork and return it to him/her.

If the court clerk says that the court does not hear cases for temporary restraining orders, please refer him/her to sections 93-21-11 and 93-21-13 of the Mississippi Code, giving the Justice and County Courts jurisdiction to hear temporary restraining order cases. The court may not deny their jurisdiction and must hear the case.

If the clerk says that they do not have the necessary document (a petition) for you to fill out so that you may file for a temporary restraining order, please call MCADV at 1-800-898-3234 and the petition that was written by an attorney at the Mississippi Attorney Generals office can be faxed to the court.

Once you have filled out the necessary paperwork, the clerk will tell you when you will see the judge. You will appear before the judge and tell him/her why you are seeking a temporary restraining order. You should bring any evidence of abuse with you so that the judge can review it. It is important to note that, under section 93-21-3(a)(ii) of the Mississippi Code, any threat of violence that places another in "fear of imminent serious bodily injury" is enough to constitute abuse for the purpose of obtaining a temporary restraining order.

The judge will either grant or deny your petition for a temporary restraining order based upon whether he/she believes there is good cause. The abuser will not be present in court. Only you will appear before the judge. If the judge grants the temporary restraining order, the abuser will be served with the order. After the ten day temporary restraining order has expired, the judge may extend it under certain circumstances for up to twenty days.

You also have the option of going to Chancery Court to file for a more lengthy restraining order. The judge will decide the duration of the restraining order, but it cannot exceed three years. Both parties will be present at this hearing. No attorney is necessary and there are no court filing fees. The judge and/or clerk at any of the above-mentioned courts will be able to give you more information about restraining orders.