MS Domestic Violence Law

How Do I Protect Myself from a Threat of Physical Harm? Seeking a Protection Order in Mississippi

Published on: April 11, 2025 | by Vic Carmody Jr., P.A.

If you’re facing threats of physical harm in Mississippi, you have legal options to protect yourself. One of the most effective tools is a protection order, sometimes referred to as a restraining order. Mississippi law offers protection orders based on the nature of the threat and your relationship to the individual involved. Below is an updated and accurate guide to help you understand how the process works in Mississippi. However, legal matters can be complex, and it is always best to consult a qualified attorney for personalized advice.

1. Gather Essential Information

To strengthen your petition, you’ll need to gather the following information: full names, addresses, and phone numbers for both you (the petitioner) and the respondent, and detailed incident documentation. Be sure to include specific accounts of abuse, threats, harassment, or violence. Include dates, times, locations, and any evidence such as text messages, photos, police reports, or witness statements.

Defenses to Domestic Violence Charges in Mississippi

Published on: November 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence may be a common offense in Mississippi, but it is also one with serious potential consequences. If you have been accused of domestic violence in Mississippi, you might be wondering how you can defend yourself against such allegations. In truth, there is no single “best” defense strategy in regard to domestic violence allegations. The most effective approach depends entirely on your unique circumstances, and you may need to discuss your situation alongside a defense lawyer before moving forward. That said, numerous defense strategies have the potential to provide results for domestic violence defendants – and they may all be worth considering.

Insufficient Proof

The first thing you must understand about domestic violence allegations in Mississippi is that the accuser has the burden of proof. This is true with all criminal cases in the Magnolia State, and it means that you are innocent until proven guilty beyond reasonable doubt. If the alleged altercation occurred behind closed doors and with no other witnesses, it becomes very difficult to prove that the incident ever occurred at all. “He said, she said” evidence does not stand up to scrutiny in court, and you are perfectly justified in exercising your right to remain silent. If the prosecution fails to establish that you committed some form of domestic violence beyond reasonable doubt, the court should have no choice but to drop all charges against you.

Understanding Spousal Testimonial Privilege in Mississippi

Published on: October 28, 2024 | by Vic Carmody Jr., P.A.

When it comes to legal proceedings, the rules surrounding what can and cannot be disclosed often become complex. One important legal concept to understand is spousal testimonial privilege, especially in the context of Mississippi law. This privilege can significantly affect the outcomes of criminal and civil cases, so it’s crucial to grasp its implications.

What is Spousal Testimonial Privilege?

Spousal testimonial privilege is a legal principle that protects the confidentiality of communications between spouses. In essence, it allows one spouse to refuse to testify against the other in a court of law. This privilege is rooted in the idea that marriage should be a safe haven for open and honest communication, free from the fear of legal repercussions.

Types of Family Violence in Mississippi

Published on: June 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence is a serious offense in Mississippi. If you are accused of this crime, it is important to understand your rights. More importantly, it is crucial that you understand exactly how these alleged crimes are handled in the state of Mississippi. There are many types of crimes that may be classified as domestic violence, and penalties may vary as a result. An obvious first step is to book a consultation with a criminal defense attorney and determine how best to proceed based on your unique situation.

While there are many types of family violence in Mississippi, they all involve crimes committed against members of your household or your family. This might include:

Your current spouse

How Does Mississippi Define Sexual Battery?

Published on: April 23, 2024 | by Vic Carmody Jr., P.A.

According to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused.

In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.

In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.

Simple Assault is Not So Simple in Mississippi

Published on: March 4, 2024 | by Vic Carmody Jr., P.A.

A term like “simple assault” is extremely vague, especially when one considers the plethora of possible violent crimes in Mississippi. What exactly makes a simple assault “simple?” Is it the straightforward nature of the crime? Is it the lack of a deadly weapon? Could it be the minor nature of the resulting injuries? Many defendants ask these questions when they learn that they have been charged with simple assault in the State of Mississippi. The answers are not always clear, and it may take an experienced defense attorney to explain this deceptively complex crime in more detail. What exactly is simple assault in Mississippi?

Penalties for Simple Assault in Mississippi

The first thing you need to know about simple assault in Mississippi is that this crime is considered a misdemeanor. In other words, it is not a felony, and as such, the maximum penalties are lower. For most instances of simple assault, the longest period you can spend in jail is six months. In addition, you can face a fine of up to $500 for simple assault.

“The Burning Man” – Not Just a Social Event or a Problem Solver

Published on: April 28, 2023 | by Vic Carmody Jr., P.A.

A 63-year-old Mobile, Alabama woman was accused of setting her husband on fire earlier this week, according to WLBT-TV. Reports by the Mobile Police Department indicate that officers responded to the scene around 6:30 in the evening in reference to a medical emergency. Once on the scene, officers discovered that the woman seemingly doused her husband with flammable liquid and set him on fire. The woman was present on the scene when the authorities arrived, and her husband was taken to the hospital with life-threatening injuries. The woman is facing an aggravated domestic violence charge, and reports indicate that her bond has been set at $7,500. In addition, the judge has ordered that the woman have no contact with her husband.

Domestic violence is a pervasive problem in Mississippi, and aggravated domestic violence is a particularly serious subset of this crime. According to the Mississippi Coalition Against Domestic Violence, in 2020:

There were 19 domestic violence-related fatalities in Mississippi.

It Was Just A Slap: The Simple Domestic Violence Charge in Mississippi

Published on: March 24, 2023 | by Vic Carmody Jr., P.A.

Domestic Violence is an issue that impacts all parts of society, regardless of a person’s race, gender, or income level. Recently, UFC (Ultimate Fighting Competition) President Dana White made headlines for slapping his wife at a nightclub. According to reports, White and his wife were seen arguing before he slapped her in the face. A video of the altercation quickly surfaced on social media, drawing outrage and criticism from across the sports world. While both parties supposedly apologized to one another, many are saying that White committed an act of domestic violence and should be removed as UFC head. White, himself, is even quoted as saying that, “there’s one thing you never bounce back from, and that’s putting your hands on a woman.”

White is the most recent public figure to be cast into the spotlight for a domestic violence issue. When looking at statistics, the impact and frequency of these issues on everyday people is staggering. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men have experienced some form of physical violence by an intimate partner. This includes a range of behaviors, including actions as simple as slapping, shoving, and pushing.

How is Simple Domestic Violence Defined in Mississippi?

Domestic Violence in Mississippi

Published on: January 31, 2023 | by Vic Carmody Jr., P.A.

Valentine’s Day is right around the corner, and for some couples it isn’t always sunshine and roses. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States have experienced some form of physical violence at the hands of an intimate partner, also referred to as domestic violence.

What is Domestic Violence?

The United States Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior.

Do I Need an Attorney for a Domestic Violence Charge?

Published on: July 6, 2022 | by Vic Carmody Jr., P.A.

A domestic violence charge comes with serious consequences, which is why it’s vital to protect your rights with the help of well qualified criminal defense attorney. Many people believe that if they are innocent, they do not need legal representation because the truth will come out in court. However, this is not the case, especially if there isn’t an experienced criminal defense attorney working for you. When you are innocent, or even when you believe that the facts in your case would show your innocence, you still need legal counsel to get those facts to the court.

Domestic violence is a serious charge and can result in serious consequences. In the state of Mississippi, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, kidnapping, even putting someone in fear of an assault, or any criminal offense resulting in physical injury or death of one family or household member. If you have been accused of domestic violence, it is crucial to have an experienced criminal defense attorney on your side who will guide you through the process and obtain the best possible results for your case.

The criminal defense attorneys at the Carmody Law Firm will work quickly to help develop a personalized defense strategy for your case. We plan for the worst while we try for the best outcomes.