Disturbance – Domestic Violence Protection Order
When someone is charged with domestic violence in Mississippi the Court often puts a Protection Order in place to prevent contact between the accused and the alleged victims. There is more than one type of Protection Order that the Court may put in place. There are basically three different scenarios that someone may be facing, and depending on which type Protective Order determines what your lawyer will need to do to help you get the Protection Order lifted.
1) If this is a “no contact” provision as a condition of bond, most Judges will not lift the “no contact” provision unless the prosecutor agrees.
2) If this is a civil domestic abuse protective order (DAPO) WITHOUT a pending criminal charge, the person(s) with whom contact is prohibited (alleged victims), must appear before the Judge asking that the DAPO be dissolved.
3) If this is a civil domestic abuse protective order (DAPO) WITH a pending criminal charge, most Judges won’t lift the “no contact” provision unless the prosecutor agrees.
How to get a Protection Order Lifted
In any scenario, your Lawyer should ensure that the presence, in Court, of the person(s) with whom contact is prohibited (alleged victims), should be accomplished WITHOUT communication between them and the accused person. The Judge may ask the alleged victims why they want the Protection Order lifted and if they were in any way pressured to do so by the accused.
Generally, a person may need the Protection Order lifted before the trial date and your Lawyer will need to get you on the Court’s docket as soon as possible. If your Lawyer is successful in having the Protection Order lifted, this does not mean that the accused person does not have to go to their trial or that the charge has been dropped.
Pepper & Odom Law Firm at 601-914-9219
97-35-9 Miss. Code Ann. (1972); 97-35-11 Miss. Code Ann. (1972); 97-35-13 Miss. Code Ann. (1972); 97-35-15 Miss. Code Ann. (1972) Disturbance – Domestic Violence