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Mississippi Domestic Violence Questions & Answers
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
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
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on
Q: If u have 2 chargers of 97-3-7(3) (1)??? and u no u didnt do it.wat should i do in court? i no not guilty??? Right
Arthur Calderon
Arthur Calderon answered on Apr 13, 2019

You should 1) plead not guilty, and 2) talk with a lawyer so that they can get some additional facts about your case and see how they can help.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: What are my options I got my third domestic
Arthur Calderon
Arthur Calderon answered on Oct 16, 2018

It really depends on the circumstances. I would highly recommend that you contact a criminal defense attorney to discuss further, especially concerning the facts and circumstances, so that you can be advised accordingly.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Hello I'm curious about false charges that was filed against me in which one was aggravated domestic violence

On August 1 authorities was called to the scene in regards to a argument amongst me and ex spouse each side of the story was given after that I was by authorities lead in to get personal belongings as well as being led out and also told by authorities that they couldn't make me leave because I... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 22, 2018

Not necessarily. While it best practice to arrest someone suspected of domestic violence ASAP, if your ex spouse went back alter and filed charges against you, then that could trigger them coming to arrest you later. That being said, your best bet is going to be to get with an attorney to delve... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Mississippi on
Q: I need some with getting a divorce

We have 3 kids 18,12,7. I’ve have him on child support but he don’t pay it. How can I get soul custody of my younger daughters. He’s beat and choke me in front my yougers daughters and his mother has beat on me too. He’s let the oldest daughter friend being heroin needles and heroin to... Read more »

Arthur Calderon
Arthur Calderon answered on Jul 8, 2018

Based on the facts as you've told them, you have several grounds for a divorce. Feel free to reach out to any attorney on this forum, as most of us are happy to provide a free consultation to discuss your case, and advise you accordingly.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If I was charged with domestic aggravated assault can my bond be 75,000 ?
Arthur Calderon
Arthur Calderon answered on Jul 8, 2018

Yes, so long as it is within the guidelines established by the rules of criminal procedure. That being said, a $75,000.00 bond is unusually high, unless the judge heard some of the facts and circumstances and made several factual determinations to warrant such a high bond.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: in ms can a minor be charged with domestic violence
Arthur Calderon
Arthur Calderon answered on Jul 8, 2018

Long answer short, yes; however, depending on the severity of the allegations, it will more than likely end up in the youth court of the county in which the conduct occurred.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on
Q: If I wanted to attend my sisters wedding, how can I get police escorts n standby to make sure I'm safe from a person

Who is threatened to kill me

Gary Kollin
Gary Kollin answered on Jun 25, 2018

Most police departments allow you to hire AND pay off duty officers.

However, there function is not to serve as bodyguards

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Need advice in representing self in a domestic simple assault case. Son father.

Randy (son) came home to what looked like His dad hurting his mom. His dad has history of this and I had broken up the dad's manhandling of mom that am. We have videos of mistreatment. So he pull is dad off mom and began to take her outside. His dad grab his wrist twisting behind back to... Read more »

Arthur Calderon
Arthur Calderon answered on May 20, 2018

Sounds like you have everything that you may need to move forward on it. Your best bet, aside from having an attorney assist you, is to make sure that you communicate the facts and circumstances of your case to the judge.

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