This section provides a general overview of how Domestic Abuse Protection Orders (DAPOs) are processed in municipal court, including the difference between ex parte, temporary, and final orders.
Note:
Always reference the Mississippi Attorney General’s Office – Bureau of Victim Assistance website, under the Court Forms section, for the most current protection order forms and procedures.
The steps outlined below reflect the process as of the date this article was written and may be subject to change.
Domestic Abuse Protection Orders (DAPO): Clerk Procedures and Key Differences
This section provides a general overview of how Domestic Abuse Protection Orders (DAPOs) are processed in municipal court, including the difference between ex parte, temporary, and final orders.
Step 1: Filing the Petition
The process begins when a petitioner files a petition alleging abuse.
Venue is proper in:
- the county or municipality where the respondent resides
- or where the alleged abuse occurred
(Reference: Miss. Code § 93-21-15)
Step 2: Ex Parte (Emergency) Order
If the petitioner requests emergency relief, the court may issue an ex parte protection order without prior notice to the respondent.
This requires:
✔ Good Cause
Good cause exists when there is immediate or present danger of abuse to:
- the petitioner
- minor children
- or an incompetent person
✔ Qualifying Relationship
A DAPO can only be issued if a qualifying relationship exists, including:
- spouse or former spouse
- current or former cohabitating partner
- current or former dating partner
- persons related by blood or marriage who currently reside or formerly resided together
- persons with children in common
Step 3: Duration of Ex Parte Order
An ex parte order is:
- valid for 10 days, or
- until a hearing is held,
whichever occurs first
If the respondent has not been served, the hearing may be continued in up to 20-day increments.
Step 4: Clerk Responsibilities (Ex Parte Orders)
Within 24 hours of issuance, the clerk must:
- enter the order into the Mississippi Protection Order Registry
- provide a copy to the Sheriff’s Department
The Sheriff’s Department is responsible for ensuring the order is entered into NCIC.
Step 5: Service of Process
The clerk prepares:
- Notice of Entry of Ex Parte Order
- Summons (with hearing date, time, and location)
- Certified copy of the ex parte order
⚠️ Important:
- The petition itself is not served
- Service must be personal service
It is important that the respondent is served as quickly as possible so they have notice of the petition and an opportunity to appear at the hearing.
Step 6: Hearing
The court must hold a hearing within 10 days of filing.
If the respondent has been properly served but does not appear:
👉 The court may still proceed with the hearing.
If the respondent has not been served, the court may continue the hearing in up to 20-day increments to allow additional time for service.
Step 7: Temporary Protection Order
After notice and opportunity to be heard, if the court finds abuse occurred:
👉 The judge may issue a temporary protection order
Duration:
- Up to 30 days (if parties share minor children)
- Up to 1 year (if no minor children in common)
Step 8: Clerk Responsibilities (Temporary Orders)
Within 24 hours of issuance, the clerk must:
- enter the temporary order into the Mississippi Protection Order Registry
- provide a copy to the Sheriff’s Department
The Sheriff’s Department is responsible for ensuring entry into NCIC.
Step 9: Final Orders
If the petitioner seeks a longer-term order:
👉 They must file in county or chancery court
Municipal courts do not issue final DAPOs.
Step 10: Violations of Protection Orders
Violation of a protection order is a misdemeanor punishable by:
- up to 6 months in jail
- up to a $1,000 fine
(Reference: Miss. Code § 93-21-21)
Violations may be charged by:
- law enforcement
- or the victim
Your court must honor protection orders from:
- other counties
- other jurisdictions
- other states
⚠️ Important:
A person cannot be both:
- held in contempt
- and convicted of a misdemeanor for the same violation
This means a person cannot be convicted of a misdemeanor for violating the protection order if they are being held in contempt for that same violation.
Key Difference: Ex Parte vs Temporary vs Final
- Ex Parte Order
Issued immediately without notice; short-term protection - Temporary Order issued in Municipal or Justice Courts
Issued after hearing; limited duration - Final Order
Issued by county or chancery court; longer-term protection
Final Thought
DAPO cases move quickly and involve strict timelines.
The clerk’s role is critical in:
- ensuring timely entry into the registry
- coordinating service
- maintaining accurate records
Timeliness and attention to detail directly impact the safety of the petitioner and the effectiveness of the order
The Clerk’s Desk 