Being arrested for domestic violence in Mississippi isn’t just a private matter. It’s a criminal charge that can impact your freedom, your record, your family, and your future. Even if things calmed down after the incident, the system doesn’t just “let it go.”
Here’s what you need to understand if you’re facing this kind of charge.
It’s Not Just a Disagreement
Mississippi law treats domestic violence seriously, even when the people involved don’t want to “press charges.” Once law enforcement is called, the decision to move forward lies with the prosecutor, not the alleged victim.
A domestic violence charge can come from:
- A physical altercation
- A loud argument that turns threatening
- Allegations from a partner, spouse, ex, roommate, or family member
Even without visible injuries, you can still be arrested and prosecuted.
The Charge May Be More Serious Than You Think
Many people assume domestic violence is a misdemeanor, but that’s not always the case. A first offense can be charged as a misdemeanor, but under certain conditions, it becomes more serious, possibly even a felony:
- If it allegedly involved strangulation or attempted strangulation
- If the accused has prior domestic violence convictions
- If a weapon was involved
- If the alleged victim is pregnant
Even a misdemeanor conviction can mean jail time, probation, fines, and mandatory counseling. It can also affect child custody, firearm rights, and employment.
Protective Orders Can Happen Quickly
After an arrest, a court may issue a temporary protective order even before a hearing. That order can:
- Prevent you from returning home
- Block contact with your partner or children
- Affect your ability to retrieve belongings or communicate about custody
Violating that order, even accidentally, can lead to additional charges.
Your Defense Starts Immediately
In domestic violence cases, early decisions matter. Law enforcement may take photos, collect statements, or interview neighbors. But once that evidence is gathered, there’s rarely much context. That’s where your lawyer comes in.
A good defense starts with understanding what actually happened, not just what was alleged in the heat of the moment. We work to:
- Challenge weak or inconsistent evidence
- Protect your right to communicate with your family (if appropriate)
- Push back against exaggerated or retaliatory claims
The Bottom Line
You don’t have to be guilty to be charged. And once you’re charged, you can’t rely on things “blowing over.” You need someone who understands how Mississippi courts handle domestic violence and how to protect your rights from day one.
At Eichelberger Law Firm, we’ve helped many clients navigate complex domestic violence charges with their future and their family intact. If you’re facing this kind of charge, don’t wait.
Call us at 601-202-9981 to schedule a confidential consultation.