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Mississippi Domestic Violence Questions & Answers
1 Answer | Asked in Landlord - Tenant and Domestic Violence for Mississippi on
Q: I am renting a house in Brandon, MS & also under a final protection order. Can I legally break the lease without penalty

I thought that there was a law that legally allowed victims of domestic violence or people under legal protection orders to break a lease without penalties.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, there are laws in place that allow victims of domestic violence to break their lease without penalty in certain circumstances. The specific law and requirements may vary by state.

In Mississippi, there is a law (Miss. Code Ann. § 93-21-23) that allows victims of domestic violence to...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Mississippi on
Q: I am under a MS domestic protection order. I am renting a house, can I legally break my lease without penalties?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:

- Many states have...
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1 Answer | Asked in Domestic Violence for Mississippi on
Q: I was charged with simple domestic violence and was released on my own recognizance. I never went to court . How long

How long is the statue of limitations on this charge

Arthur Calderon
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Arthur Calderon
answered on Jul 17, 2023

Really, the statute of limitations has been satisfied since you were charged within the relevant time frame. That being said, your case may be dismissed due to the passage of time, depending on how long it has been since you were charged.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: my boyfriend got charged with aggravated domestic violence, and the state pushed charges , will this go to court/ trial
Todd B. Kotler
Todd B. Kotler
answered on Jul 11, 2023

If the state has charged your boyfriend, it is an ongoing case before the court. It may go to trial if he and the prosecution are not able to reach a plea agreement.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Can I dropped charges on someone if the police filed them and not me ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2023

You will need to talk to the prosecutor about dropping the charges. The charges are brought by the State; you are a witness to the crime. It will be the prosecutor’s decision about a dismissal.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If the state of MS pressed charges for DV against my husband on my behalf. Can I get them dropped?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 7, 2023

You will have to speak to the Prosecutor about dropping the charges. You are not bringing the charges against your husband; the State is. Several factors will come into play, e.g., the severity of the injuries, if any, the circumstances of the assault, the history between you and your husband, your... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I was charged with domestic violence and aggravated assault. My husband isn’t pressing any charges. The state picked it

Up. I’ve appeared in court three times and still have not went before a judge. What’s going to happen next

Arthur Calderon
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Arthur Calderon
answered on Aug 25, 2022

It really depends. I'd be curious to know what they are having you go to court for. If it's for a preliminary hearing, then it needs to be done because your husband could testify as to what happened and express his wish to not proceed. Regardless, depending on how long it has been since... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: how can we get court docs on a past domestic violence conviction? in MS

He seems like he really wants to have a second chance in life, but we need to know his past.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 4, 2022

Go to the Clerk’s office of the Court where the charges were filed, give the deputy clerk the defendant’s name and the case number. They will make you copies of the file at a cost to you.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: i was charged with domestic violence- distrubing the family/peace what will happen in court ?

I was charged with domestic violence in May of 2021 but it was dropped (not guilty)

Arthur Calderon
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Arthur Calderon
answered on Jul 6, 2022

Assuming that it was either dismissed or you were found not guilty, then the case is no longer active and you should not have to go to court. That being said, it may still pop up on a background check with the final disposition on the background check.

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... View 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
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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... View 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... View 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... View 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
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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... View 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... View 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.

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