Mississippi Domestic Violence Laws

Mississippi has two domestic violence crimes—simple domestic violence and aggravated domestic violence. This article provides an overview for anyone who's been accused of domestic violence in Mississippi or is interested in understanding the law. Read on to learn about the penalties and consequences for harming a family member or dating partner.

What Is Domestic Abuse in Mississippi?

Mississippi defines domestic abuse as an assault, threats, stalking, or sexual battery occurring between:

• current or former spouses
• persons currently or formerly living together as spouses
• persons having a child in common
• current and former dating partners, and
• individuals related by blood, marriage, or adoption who live together or have lived together.

Persons in these domestic relationships receive enhanced protections under the law.

Domestic Abuse Protection Order

A person suffering from domestic abuse can ask the court for a domestic abuse protection order that directs the abuser to stop the abuse, not contact the victim, and move out of any shared residence. Violating a protection order carries misdemeanor penalties of up to six months in jail and a $1,000 fine.

Domestic Violence Crimes

A person who commits a domestic violence crime can face sentencing enhancements under Mississippi's assault laws, as well as trigger mandatory arrest and court appearance laws (as discussed below).

(Miss. Code §§ 93-21-3, 93-21-7, 93-21-15, 93-21-21, 97-3-7 (2024).)

What Are the Penalties for Domestic Violence in Mississippi?

Mississippi's criminal assault law carries enhancements for simple assault or aggravated assault committed against someone in a domestic relationship (defined above). These crimes are referred to as simple domestic violence and aggravated domestic violence.

Penalties for Simple Domestic Violence

Simple domestic violence includes attempting, threatening, or causing physical harm to a person in a domestic relationship.

Misdemeanor. A first or second conviction for simple domestic violence carries misdemeanor penalties of up to six months of jail time and a $500 fine.

Felony. A third domestic violence conviction increases to a felony—referred to as simple domestic violence third. The two prior convictions can be against the same or another domestic violence victim but must have occurred in the last seven years. This offense carries a minimum 5-year prison sentence and up to 10 years.

Penalties for Aggravated Domestic Violence

The crime becomes aggravated domestic violence when a defendant causes or attempts to cause serious bodily injuries, uses or brandishes a weapon, or strangles or attempts to strangle the victim.

For a first or second conviction, a defendant faces 2 to 20 years of prison time. Defendants convicted of aggravated domestic violence who have two prior felony domestic violence convictions (aggravated or simple domestic violence third) face a minimum 10-year prison sentence. The prior convictions must have occurred in the past seven years.

Penalties for Fourth and Subsequent Domestic Violence Offenses

A defendant convicted of simple or aggravated domestic violence who has three or more prior domestic violence convictions will face a prison sentence of not less than 15 years and up to 20 years. Unlike the above crimes, the law doesn't specify any lookback period for this sentencing enhancement.

(Miss. Code § 97-3-7 (2024).)

Additional Penalties for Domestic Violence in Mississippi

Committing domestic violence in Mississippi can result in the following sentencing terms or enhancements or additional criminal charges.

Criminal Protection Order

Mississippi judges can issue a criminal protection order against a defendant convicted of domestic violence. The order must prohibit contact with the victim and may contain any provisions allowed in a civil domestic abuse protection order.

Probation and Domestic Violence Counseling Orders

Anytime a judge allows probation in a domestic violence case, the suspended sentence can be conditioned on the defendant's participation in domestic abuse counseling or treatment.

Domestic Violence in the Presence of a Child

When sentencing a defendant, the judge must consider whether the crime was committed in the presence or hearing of a child younger than 16. This aggravating factor can result in an increased sentence.

Parole Restrictions for Aggravated or Fourth Domestic Violence Conviction

The law prohibits parole eligibility for at least one year when a person is convicted of aggravated domestic violence or a fourth or subsequent domestic violence conviction.

Firearm Enhancement for Aggravated Domestic Violence

If an offender uses a firearm in the commission of aggravated domestic violence, the law provides a five-year minimum sentence that's in addition to any other sentence handed down.

Intentional Assault Against a Pregnant Woman

Intentionally assaulting a pregnant woman carries up to 20 years of prison time if the victim suffers a miscarriage or stillbirth or the embryo or fetus suffers serious injuries.

(Miss. Code §§ 97-3-37, 97-37-37 (2024).)

Mandatory Domestic Violence Arrests and Court Appearances in Mississippi

Mississippi law imposes a mandatory arrest policy when officers have reason to believe a person committed a misdemeanor or felony act of domestic violence in the last 24 hours. These crimes include simple or aggravated domestic violence, disturbing the family or public peace, stalking, and violations of protection orders.

Officers cannot release the arrested suspect on bail. The person must go before a judge for a bail hearing. The judge may impose any conditions believed necessary to prevent future violence, including no-contact orders and restrictions on the use of alcohol and drugs. A judge can also hold the defendant for 24 hours after setting bail.

(Miss. Code §§ 99-3-7, 99-5-37 (2024).)

When to Talk to a Lawyer

If you've been served with a protection order or face criminal charges, talk to a criminal defense attorney about your options. Convictions can mean jail or prison time, fines, and a criminal record. It can also result in firearm restrictions under federal law. Being subject to a domestic violence protection order can also restrict one's firearms rights.