Lawyers, Answer Questions  & Get Points Log In
Mississippi Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Mississippi on
Q: I pressed charges on my husband for domestic violence and it was a mistake. Am I allowed to drop them?

I did it out of anger and didn’t include the whole story and our daughter will be born in two weeks and I really need him there. They are saying I have to wait until court to drop the charges and even then it’s up to the District attorney. I need advice I’m freaking out!

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 20, 2022

What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 22, 2022

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Is felony domestic violence a violent or non violent charge?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 16, 2022

Domestic violence is a violent charge. However, the court that you are dealing with may have a list of charges that are considered violent for sentencing purposes.

1 Answer | Asked in Domestic Violence and Personal Injury for Mississippi on
Q: Do I need a lawyer as the victim of domestic violence, there’s evidence & my hearing was approved for court.

I was assaulted by my ex. I know he’ll have a lawyer present since he is currently in probation for a dui. I filed charges against him and went to a hearing for it. It got approved. A no contact order was established and a court date will be set. Would I need to get a lawyer ? I have evidence of... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 24, 2022

You will not need an attorney in this case. You are a witness for the State.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Do I have to go to court & testify, if the state picked up the charges. For domestic violence simple assault
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 24, 2021

You don’t say if you were the victim or a witness. However, if you are served with a subpoena to appear, then you must appear or risk further action by the Court against you.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Domestic Violence and Medical Malpractice for Mississippi on
Q: I have been accused of and charged with Simple Domestic Violence... She's lying as to how she obtained a bump on her ey

After I was taken away my exgf, who's invitation was recended to my home... used a non authorized key.... She stole 2 phones and an I pad that was basically new all individually worth over $500 and I want to discredit her as well due to the fact she's a habitual liar and a theif...

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 3, 2021

From the looks of it, you have a case that should go to trial, particularly given the circumstances of her entering your home. Your best bet is going to be to contact an experienced criminal defense attorney to walk through the facts and circumstances of what happened, especially when it comes to... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I pressed charges on husband: Domestic violence/aggrivated assault. I was not aware of the no contact law that follows

I was not informed of this order until his mom told me. He was released from jail 3 days after he went to jail. I kept calling the jail he was in, trying to see when his court date was going to be and got the run around. Im his wife, so why am I in the dark? His mom attended and didn’t even tell... Read more »

Hiten H Patel
PREMIUM
Hiten H Patel
answered on Nov 8, 2021

You should contact the court that the case is pending in and speak with them since you are the victim.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

1 Answer | Asked in Car Accidents and Domestic Violence for Mississippi on
Q: I parked behind my boyfriend at his job on private property, and blocked him in from leaving.

He reversed and pushed my car out of the way with his car. Then when he was able to get out, he backed up and hit my car again before driving off . I’m not pressing charges & I wasn’t injured, but can the police? I heard them mention something about private property, but also heard them... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 28, 2021

It could be any number of charges.

For starters, for the damage to your car, get estimates and send them to your insurance company.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault in MS. I did not file charges, I was told the state did.

I was asked to give a recorded video statement and I want to know if I can ask them not to use this in court. Do I have the right to withdraw my statement entirely?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault. The state filed this charge. I was asked to give a recorded

Video statement. I do not want this used in court anymore. Legally, can I tell them not to? Can I withdraw that statement entirely?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »

Joseph Abrams
PREMIUM
Joseph Abrams
answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Mississippi on
Q: Can I get into trouble in Mississippi if the person that has a restraining order against me picks up
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2020

Possibly. If there is a restraining order, then that means that neither one of you should be in contact or proximity to the other, otherwise you would be in contempt of court.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: How much do you think it would be for a divorce from someone that was in a domestic abuse marriage?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 2, 2020

It depends on what all is going to be involved in the divorce. Typically, the cost of a divorce will be higher if there is a fight over things, such as custody, child support, possession of assets, etc.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Any liability witnessing aggravated domestic violence dispute as a security officer off property and did not call 911

Any consequences not calling 911

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 12, 2020

Potentially. Security personnel have an obligation to assist and maintain people's safety within the grounds of the premises. I would highly encourage you to reach out to a lawyer to discuss further. Feel free to reach out to any one on here by clicking the contact information next to their... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If a police officer observe signs of abuse that officer should sign an affidavit his/herself right?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

Not necessarily, as law enforcement has a lot of discretion when it comes to filling out affidavits. That being said, there should at least be an incident report documents the interaction between the officer and those involved.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: i was charged with simple assualt dom. violence what can happen to me
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 12, 2019

Depending on the situation and whether this has happened before, you could be facing a fine, a no-contact order, and some jail time. Your best bet is going to be to contact a lawyer to see if there is anything that can be done to either get the case dismissed or take it to trial.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If someone catches a Domestic Aggravated Assault 97-3-7 (4) crime what do the (4) mean?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 8, 2019

That's a subsection of the relevant domestic violence statute.

1 Answer | Asked in Child Custody and Domestic Violence for Mississippi on
Q: Abusive ex has taken our 5 month old daughter from MS to LA which state do I need to file for custody in?

my daughter was born in Louisiana due to insurance but has Mississippi address listed on the Birth certificate and she has lived her entire life in Mississippi. Her father who took her is on the birth certificate.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 6, 2019

You can file for custody in Mississippi, since that is where residency was established; however, you may want to do it sooner rather than later, otherwise, residence may be established in LA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.