Domestic violence is one of the most emotionally charged and legally complicated areas of criminal defense. If you've been charged with domestic violence in Mississippi, or if someone you care about is facing these charges, you're likely filled with questions, fear, and confusion.
In this post, we’ll break down the essentials of Mississippi’s domestic violence laws, what makes these charges different from other assaults, and what you can expect if you're arrested. We’ll also share practical next steps and how the right legal strategy can protect your rights, your freedom, and your future.
1. What Is Considered Domestic Violence in Mississippi?
In Mississippi, domestic violence isn’t a standalone crime with its own separate statute. Instead, it refers to an assault (or other qualifying crime) committed against a family or household member, such as:
- A current or former spouse
- Someone you are dating or have dated
- A stepparent or stepchild
- The parent of your child
Domestic violence charges are based on the relationship between the accused and the alleged victim.
2. What’s the Difference Between Simple and Aggravated Domestic Violence?
Mississippi law breaks domestic violence down into two main categories:
- Simple Domestic Violence: A misdemeanor, usually involving minor injuries or threats of harm. This can result in up to 6 months in jail, a $500 fine, and mandatory counseling or anger management.
- Aggravated Domestic Violence: A felony, involving serious bodily injury, the use of a deadly weapon, or acts like strangulation. This can carry 2 to 20 years in prison, and it is considered a crime of violence under Mississippi law.
Multiple misdemeanor domestic violence convictions within a five-year period can also enhance penalties.
3. Can the Victim Drop the Charges?
This is one of the most common misconceptions in domestic violence cases. Even if the alleged victim wants to "drop the charges," they don’t have the final say.
Domestic violence charges are brought by the State of Mississippi, not the individual. Prosecutors may choose to continue the case even if the victim is uncooperative or asks for dismissal. That said, the victim’s input can influence how aggressively the case is prosecuted.
4. Will There Be a No-Contact Order?
In most domestic violence arrests, the judge will issue a no-contact order (sometimes called a restraining order) at the very first court appearance. This means you will be legally barred from:
- Calling, texting, or visiting the alleged victim
- Returning to a shared residence
- Having any third-party contact the alleged victim on your behalf
Violating a no-contact order can lead to additional criminal charges and revocation of bond, so it’s critical to comply with it unless and until it’s modified by the court.
5. How Can a Domestic Violence Charge Affect My Life?
Even a misdemeanor domestic violence conviction can have serious consequences:
- Loss of gun rights under federal law (due to the Lautenberg Amendment to the Gun Control Act)
- Problems with child custody or visitation
- Difficulty securing housing or employment
- Long-term damage to your reputation and record
A felony domestic violence conviction is even more devastating and may result in years behind bars and permanent loss of civil rights.
6. Are There Defenses to Domestic Violence Charges?
Absolutely. Every case is different, and a strong defense strategy might involve:
- Self-defense or defense of others
- False allegations or ulterior motives (e.g., divorce or custody leverage)
- Lack of evidence or inconsistent statements
- Violation of constitutional rights during arrest or investigation
An experienced criminal defense lawyer can assess the facts of your case and determine the best strategy for seeking a dismissal, reduction, or acquittal.
7. What Should I Do If I’ve Been Charged?
- Do NOT contact the alleged victim, even if they reach out to you.
- Obey all court orders, especially no-contact provisions.
- Do not post about the case on social media.
- Hire an experienced criminal defense attorney immediately.
The sooner your lawyer is involved, the better your chances of protecting your record, your rights, and your future.
We’re Here to Help.
At Eichelberger Law Firm, we understand that being charged with domestic violence doesn’t make you a violent person. These cases are often complex, emotional, and full of gray areas. Our job is to listen, investigate, and fight for your best possible outcome.
If you’ve been arrested for domestic violence in Mississippi, call us today for a free, confidential consultation.