Domestic Violence
This guide also tells you how you can get an Order of Protection and lists community services and courthouses near you.
If you have any other questions, please do not hesitate to call my office at 662.843.2061.
We are here to help.
WHAT IS DOMESTIC VIOLENCE? Domestic violence is any physical, emotional, or sexual abuse of a household or family member by another.
WHO CAN BE PROTECTED? The Domestic Violence Act defines household or family members who can be protected as follows: people who are married or formerly married to each other; people who are related, like parents, children, siblings; aunts, uncles, cousins, grandparents, stepchildren, and step parents; people who live together or formerly lived together; people who are dating or formerly dated; people who are engaged or formerly engaged; and people with disabilities.
WHAT IS AN ORDER OF PROTECTION? An Order of Protection is a court order signed by a judge. It is designed to protect a petitioner (the person who has been hurt) from the respondent (the person who hurt the petitioner.)
WHERE CAN I GET AN ORDER OF PROTECTION? There are several options:
Criminal Court: if the person who has been hurt (the petitioner) signs a criminal complaint against the person who hurt him or her (the respondent). The State's Attorney's Office then prosecutes the respondent and helps the petitioner get an Order of Protection. The petitioner can only keep the Order if she, or he, follows through with the criminal case.
Civil Court: If the petitioner chooses NOT to press charges the Order of Protection can be granted by a judge in an independent action. In Civil Court, the petitioner can have his or her own attorney or can represent him or herself; this is called pro se.
Child Support Court, Divorce Court, Juvenile Court and Probate Court: A petitioner can also request an Order of Protection in other courts where they are parties to a pending action against the respondent.
The Order of Protection is the same, no matter which court grants it.
HOW MUCH DOES THE ORDER OF PROTECTION COST? The Order of Protection is free. There are no fees for filing the Order. The Sheriff's office serves the Order on the respondent without charge.
HOW DOES THE RESPONDENT LEARN ABOUT THE ORDER OF PROTECTION? Once a judge grants the Order, it is filed in the Clerk's Office. A copy is sent to the Sheriff's Office and a Sheriff's deputy can then serve a copy of the Order to the respondent (the person who hurt the petitioner).
WHAT ARE REMEDIES? Remedies are actions the respondent must do or stop doing to the petitioner. For instance, the Order could make the respondent stay out of the shared home for a period of time; or stop harassing or abusing the petitioner; or pay costs if the petitioner had to run away to a safe place. There are 18 different remedies. The Order of Protection forms list each of them.