Domestic Violence in Mississippi: Frequently Asked Questions

Answered by a Mississippi Criminal Defense Attorney

One of the most common cases we handle in our practice is domestic violence. Domestic violence charges in Mississippi are serious — and often complex. Whether you’re facing charges or concerned about a family member or friend, it’s important to understand the law around domestic violence cases and what options may exist.

Below are some of the most common questions we get about domestic violence cases here at McCormick Lawrence, PLLC.

What is considered domestic violence under Mississippi law?

Actions that constitute domestic violence are defined by Mississippi Law but typically always involve an act of violence or threat of violence committed against a current or former spouse or a family member. Charges are arise from physical assault, threats of an assault or injury, the use or threat of the use of a weapon, or harassment or stalking.

What’s the difference between simple and aggravated domestic violence?

Simple assault is a misdemeanor and involves minor physical harm or threats. Aggravated domestic violence involves more serious bodily injury, use of a deadly weapon, or attempted strangulation and is charged as a felony offense.

Can I be charged if the alleged victim doesn’t want to press charges?

Yes. Charges are prosecuted by the state— not the victim. So the victim can not decide whether to prosecute you although it often times plays an important role in the case.

What are the penalties for domestic violence in Mississippi?

Penalties depend on the severity and whether it’s a repeat offense:

• First-time misdemeanor: Up to 6 months in jail and a fine up to $500
• Second or subsequent misdemeanor: Up to 1 year in jail and increased fines
• Aggravated domestic violence (felony): 1 to 20 years in prison
• Additional penalties can include restraining orders, loss of firearm rights, and mandatory counseling

Will a domestic violence conviction stay on my record?

Yes, a conviction will certainly impact your background record. Some domestic violence convictions may be eligible for expungement, but only under specific circumstances. Talk to a criminal defense attorney to see if you qualify.

Can I get a no-contact order removed or modified?

In some cases, yes. A no-contact order (sometimes issued at the time of arrest) may be lifted or modified by the court upon request — especially if both parties agree or if it creates an undue hardship (e.g., co-parenting or shared housing). An attorney can file a motion to revisit the conditions of bond or protective orders.

Do domestic violence charges affect child custody?

Based on our experience, yes, domestic violence charges certainly plan a role in child custody cases. Of course, how much it may play a role would depend on the exact circumstances of your case.

What should I do if I’m charged with domestic violence?

• Do not contact the alleged victim, especially if a no-contact order is in place.
• Speak to a criminal defense attorney immediately.
• Do not give statements to law enforcement without legal counsel.
• Gather any evidence that supports your version of events (texts, witness names, surveillance, etc.)

How can McCormick Lawrence help with my domestic violence case?

We’ve handled hundreds of domestic violence cases across South Mississippi — from minor incidents to serious felony charges. We know how to:

• Challenge weak or inconsistent evidence
• Protect your rights during investigations
• Negotiate reduced charges or dismissals
• Fight for acquittals in trial, when needed
• Address related issues like restraining orders, custody concerns, and expungement eligibility

Charged with Domestic Violence in Mississippi? We Can Help.

At McCormick Lawrence, PLLC, we understand that not all domestic situations are black and white — and we’re here to make sure your side is heard. If you or someone you care about is facing charges, don’t wait. Call us now or visit us online to request a confidential consultation.