This order is for use after a hearing in which the Petitioner does not meet the burden of proof that he/she is entitled to a domestic abuse protective order.
Mississippi Order Denying Petition for Domestic Abuse Protective Order
State:
Mississippi
Control #:
MS-DV-0003
Format:
PDF
48 downloads
Description
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FAQ
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
1Realize the seriousness of the accusations.2Understand the cost of a defense.3Intervene before charges.4Take no action.5Gather any physical evidence and documents.6Obtain witness contact information.7Investigation.8Plea bargain.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
1Consider Hiring an Attorney.2Prepare Your Evidence in an Organized Fashion.3Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending.4Be Mindful of Proof of Service.5Do Not Underestimate the Burden of Proof.
1Reconciliation. Strangers do not perpetrate DV, someone they love does. When someone you love is the perpetrator, leaving for good is the hardest part.2Children. Kids miss their parents, and parents miss their kids. There is a constant pressure for a parent to return to being a "family."
