Mississippi Restraining Order Without Notice

State:
Mississippi
Control #:
MS-60445
Format:
Word; 
Rich Text
Instant download

Description

The Mississippi restraining order without notice is a legal document designed to protect a plaintiff from potential harm or loss by preventing a defendant from taking certain actions, often related to property or personal safety. This form is particularly useful in circumstances where immediate action is required to prevent irreparable harm, such as in cases involving threats to vehicle ownership or occupancy. Key features include the necessity for the plaintiff to present sufficient evidence and justification for the order, the appointment of a trustee, and the requirement for the plaintiff to post a bond as security. Filling out the form requires careful attention to detail, ensuring all relevant information is included, such as the reasons for the restraining order and specific relief sought. It is typically employed in urgent situations, making it essential for attorneys, partners, owners, associates, paralegals, and legal assistants who need to act swiftly on behalf of clients. The form should be edited for clarity, completeness, and compliance with local court rules before submission. After filing, follow-up hearings are scheduled to address the preliminary injunction, ensuring ongoing legal support and representation for the plaintiff.
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FAQ

To obtain a Mississippi restraining order without notice, you must provide evidence of harassment, threats, or violence. This proof can include photographs, text messages, or witness statements that demonstrate a clear pattern of behavior. Your claims must be credible, as the court needs to see a legitimate reason for the order. Gathering strong documentation will strengthen your case and help ensure your safety.

Temporary (ex parte) injunctions: granted when there is an immediate and present danger and take effect as soon as the person is served and will last until the full hearing takes place ? at the most up to 15 days (unless the judge grants a continuance for ?good cause?).

The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.

An ex parte protection order is a temporary order that you can request if you need emergency relief. If granted, the order of protection goes into effect immediately and will have a set date that it expires.

FindLaw Newsletters Stay up-to-date with how the law affects your life Code Section93-21-1, et seq.Duration of OrderTemporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extendedPenalty for a Violation of OrderContempt of court: maximum 6 months jail and/or fine, maximum $1,0005 more rows

Your Hearing: If you receive an Ex Parte order or a Summons, the court will schedule a hearing date so a judge can decide if you will get a full Order of Protection. You must appear in-person for your court date unless you've made other arrangements with an attorney or the court.

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Mississippi Restraining Order Without Notice