How Can a Husband Stop His Wife Who Left Him From Coming Back to the Home?

Full question:

i have a friend his wife left him 7 months ago for another man. they were married 24 yrs. she comes to their house where he is living early morning hours and raises alot of commotion. and threatens me bodily harm if i am there. the house and land is in their name together, he has stayed there since she left, and she has lived with this other man. for 7 months. is there anything he can do about this

• Category: Restraining Order
• Date: 04/07/2025
• State: Mississippi

Answer:

A spouse generally may not be denied access to the marital home unless prevented from doing so by a court order. A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.

Please see the following MS statutes:

§ 93-21-3. Definitions.

As used in this chapter, unless the context otherwise
requires:

(a) "Abuse" means the occurrence of one or more of the
following acts between spouses, former spouses, persons
living as spouses or who formerly lived as spouses, persons
having a child or children in common, other individuals
related by consanguinity or affinity who reside together or
who formerly resided together or between individuals who
have a current or former dating relationship:

(i) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury or serious bodily injury
with or without a deadly weapon;

(ii) Placing, by physical menace or threat, another in
fear of imminent serious bodily injury;

(iii) Criminal sexual conduct committed against a minor
within the meaning of Section 97-5-23;

(iv) Stalking within the meaning of Section 97-3-107;

(v) Cyberstalking within the meaning of
Section 97-45-15; or

(vi) Sexual offenses within the meaning of
Section 97-3-65 or 97-3-95.

"Abuse" does not include any act of self-defense.

(b) "Adult" means any person eighteen (18) years of age or
older, or any person under eighteen (18) years of age who
has been emancipated by marriage.

(c) "Court" means the chancery court, justice court,
municipal court or county court.

(d) "Dating relationship" means a social relationship of a
romantic or intimate nature between two (2) individuals; it
does not include a casual relationship or ordinary
fraternization between two (2) individuals in a business or
social context. Whether a relationship is a "dating
relationship" shall be determined by examining the
following factors:

(i) The length of the relationship;

(ii) The type of relationship; and

(iii) The frequency of interaction between the two (2)
individuals involved in the relationship.

(e) "Mutual protection order" means a protection order
that includes provisions in favor of both the individual
seeking relief and the respondent.

§ 93-21-7. Petition to seek domestic abuse protection
order; proper forum for petition alleging domestic abuse;
waiver of filing fees in domestic abuse cases.

(1) Any person may seek a domestic abuse protection
order for himself by filing a petition alleging abuse by
the respondent. Any parent, adult household member, or next
friend of the abused person may seek a domestic abuse
protection order on behalf of any minor children or any
person alleged to be incompetent by filing a petition with
the court alleging abuse by the respondent. Cases seeking
relief under this chapter shall be priority cases on the
court's docket and the judge shall be immediately notified
when a case is filed in order to provide for expedited
proceedings.

(2) A petition seeking a domestic abuse protection order
may be filed in any of the following courts: municipal,
justice, county or chancery. However, a petition for a
domestic abuse protection order that includes a request for
emergency relief pending a hearing shall not be initiated
in the chancery court. All petitions requesting emergency
relief pending a hearing must be filed in the municipal,
justice or county court.

(3) The petitioner in any action brought pursuant to this
chapter shall not bear the costs associated with its filing
or the costs associated with the issuance or service of any
notice of a hearing to the respondent, issuance or service
of an order of protection on the respondent, or issuance or
service of a warrant or witness subpoena. If the court
finds that the petitioner is entitled to an order
protecting the petitioner from abuse, the court shall be
authorized to assess all costs including attorney's fees of
the proceedings to the respondent. The court may assess
costs including attorney's fees to the petitioner only if
the allegations of abuse are determined to be without merit
and the court finds that the petitioner is not a victim of
abuse as defined by Section 93-21-3.

(4) Nothing in this section shall be construed to require
that the filing of a petition for relief in the municipal,
justice or county court is a prerequisite to initiating an
action in the chancery court except when seeking emergency
relief as provided in this section. Nothing in this
section shall preclude a chancery court from entering an
order of emergency relief when deemed necessary by the
court under the circumstances.

§ 93-21-15. Temporary domestic abuse protection orders;
relief; duration; final domestic abuse protection order or
consent agreements; provisions addressing custody, visitation
or support of minor children; order to set forth findings of
fact and provide details of acts restrained; order to be
entered into National Criminal Information Center's
Protection Order File; modification, amendment or dissolution
of order.

(1)(a) After a hearing is held as provided in
Section 93-21-11 for which notice and opportunity to be
heard has been granted to the respondent, and upon a
finding that the petitioner has proved the existence of
abuse by a preponderance of the evidence, the municipal and
justice courts shall be empowered to grant a temporary
domestic abuse protection order to bring about a cessation
of abuse of the petitioner, any minor children, or any
person alleged to be incompetent. The relief the court may
provide includes, but is not limited to, the following:

(i) Directing the respondent to refrain from abusing
the petitioner, any minor children, or any person alleged to
be incompetent;

(ii) Prohibiting or limiting respondent's physical
proximity to the abused or other household members as
designated by the court, including residence and place of
work;

(iii) Prohibiting or limiting contact by the respondent
with the abused or other household members designated by
the court, whether in person, by telephone or by other
electronic communication;

(iv) Granting possession to the petitioner of the
residence or household to the exclusion of the respondent by
evicting the respondent or restoring possession to the
petitioner, or both; or

(v) Prohibiting the transferring, encumbering or
otherwise disposing of property mutually owned or leased by
the parties, except when in the ordinary course of business.

(b) The duration of any temporary domestic abuse
protection order issued by a municipal or justice court shall
not exceed thirty (30) days.

(c) Any person aggrieved by the decision of a municipal or
justice court judge to issue a temporary domestic abuse
protection order or to deny such an order shall be entitled
to request a de novo review by the chancery or county
court. All parties shall be advised of the procedure for
seeking a de novo hearing.

(2)(a) After a hearing is held as provided in
Section 93-21-11 for which notice and opportunity to be
heard has been granted to the respondent, and upon a
finding that the petitioner has proved the existence of
abuse by a preponderance of the evidence, the chancery or
county court shall be empowered to grant a final domestic
abuse protection order or approve any consent agreement to
bring about a cessation of abuse of the petitioner, any
minor children, or any person alleged to be incompetent. In
granting a final domestic abuse protection order, the
chancery or county court may provide for relief that
includes, but is not limited to, the following:

(i) Directing the respondent to refrain from abusing the
petitioner, any minor children, or any person alleged to be
incompetent;

(ii) Granting possession to the petitioner of the
residence or household to the exclusion of the respondent by
evicting the respondent or restoring possession to the
petitioner, or both;

(iii) When the respondent has a duty to support the
petitioner, any minor children, or any person alleged to be
incompetent living in the residence or household and the
respondent is the sole owner or lessee, granting possession
to the petitioner of the residence or household to the
exclusion of the respondent by evicting the respondent or
restoring possession to the petitioner, or both, or by
consent agreement allowing the respondent to provide
suitable, alternate housing;

(iv) Awarding temporary custody of or establishing
temporary visitation rights with regard to any minor children
or any person alleged to be incompetent, or both;

(v) If the respondent is legally obligated to support
the petitioner, any minor children, or any person alleged to
be incompetent, ordering the respondent to pay temporary
support for the petitioner, any minor children, or any person
alleged to be incompetent;

(vi) Ordering the respondent to pay to the abused person
monetary compensation for losses suffered as a direct
result of the abuse, including, but not limited to, medical
expenses resulting from such abuse, loss of earnings or
support, out-of-pocket losses for injuries sustained,
moving expenses, a reasonable attorney's fee, or any
combination of the above;

(vii) Prohibiting the transferring, encumbering, or
otherwise disposing of property mutually owned or leased by
the parties, except when in the ordinary course of
business;

(viii) Prohibiting or limiting respondent's physical
proximity to the abused or other household members
designated by the court, including residence, school and
place of work;

(ix) Prohibiting or limiting contact by the respondent
with the abused or other household members designated by the
court whether in person, by telephone or by electronic
communication; and

(x) Ordering counseling or professional medical
treatment for the respondent.

(b) Except as provided below, a final domestic abuse
protection order issued by a chancery or county court under
the provisions of this chapter shall be effective for such
time period as the court deems appropriate. The expiration
date of the order shall be clearly stated in the order.

(c) Temporary provisions addressing temporary custody,
visitation or support of minor children contained in a
final domestic abuse protection order issued by a chancery
or county court shall be effective for one hundred eighty
(180) days. A party seeking relief beyond that period must
initiate appropriate proceedings in the chancery court of
appropriate jurisdiction. If at the end of the
one-hundred-eighty-day period, neither party has initiated
such proceedings, the custody, visitation or support of
minor children will revert to the chancery court order
addressing such terms that was in effect at the time the
domestic abuse protection order was granted. The chancery
court in which custody, visitation or support proceedings
have been initiated may provide for any temporary
provisions addressing custody, visitation or support as the
court deems appropriate.

(3) Every domestic abuse protection order issued pursuant
to this section shall set forth the reasons for its
issuance, shall contain specific findings of fact regarding
the existence of abuse, shall be specific in its terms and
shall describe in reasonable detail the act or acts to be
prohibited. No mutual protection order shall be issued
unless that order is supported by an independent petition
by each party requesting relief pursuant to this chapter,
and the order contains specific findings of fact regarding
the existence of abuse by each party as principal
aggressor, and a finding that neither party acted in self
defense.

(4) The Attorney General, in cooperation with the
Mississippi Supreme Court and the Mississippi Judicial
College, shall develop uniform forms for use by the courts
in issuing domestic abuse protection orders.

(5) Upon issuance of any protective order by the court, the
order shall be forwarded to the appropriate law enforcement
agency for enforcement and entry into the National Criminal
Information Center's Protection Order File.

(6) Upon subsequent petition by either party and following
a hearing of which both parties have received notice and an
opportunity to be heard, the court may modify, amend, or
dissolve a domestic abuse protection order previously
issued by that court.

§ 93-21-9. Contents of petition.

(1) A petition filed under the provisions of this
chapter shall state:

(a) Except as otherwise provided in this section, the
name, address and county of residence of each petitioner and
of each individual alleged to have committed abuse;

(b) The facts and circumstances concerning the alleged
abuse;

(c) The relationships between the petitioners and the
individuals alleged to have committed abuse; and

(d) A request for one or more domestic abuse protection
orders.

(2) If a petition requests a domestic abuse protection
order for a spouse and alleges that the other spouse has
committed abuse, the petition shall state whether or not a
suit for divorce of the spouses is pending and, if so, in
what jurisdiction.

(3) Any temporary or permanent decree issued in a divorce
proceeding subsequent to an order issued pursuant to this
chapter may, in the discretion of the chancellor hearing
the divorce proceeding, supersede in whole or in part the
order issued pursuant to this chapter.

(4) If a petitioner is a former spouse of an individual
alleged to have committed abuse:

(a) A copy of the decree of divorce shall be attached to
the petition; or

(b) The petition shall state the decree is currently
unavailable to the petitioner and that a copy of the decree
will be filed with the court before the time for the
hearing on the petition.

(5) If a petition requests a domestic abuse protection
order for a child who is subject to the continuing
jurisdiction of a youth court, family court or a chancery
court, or alleges that a child who is subject to the
continuing jurisdiction of a youth court, family court or
chancery court has committed abuse:

(a) A copy of the court orders affecting the custody or
guardianship, possession and support of or access to the
child shall be filed with the petition; or

(b) The petition shall state that the orders affecting the
child are currently unavailable to the petitioner and that
a copy of the orders will be filed with the court before
the hearing on the petition.

(6) If the petition includes a request for emergency relief
pending a hearing, the petition shall contain a general
description of the facts and circumstances concerning the
abuse and the need for immediate protection.

(7) If the petition states that the disclosure of the
petitioner's address would risk abuse of the petitioner or
any member of the petitioner's family or household, or
would reveal the confidential address of a shelter for
domestic violence victims, the petitioner's address may be
omitted from the petition. If a petitioner's address has
been omitted from the petition pursuant to this
subsection and the address of the petitioner is necessary
to determine jurisdiction or venue, the disclosure of such
address shall be made orally and in camera. A nonpublic
record containing the address and contact information of a
petitioner shall be maintained by the court to be utilized
for court purposes only.

(8) Every petition shall be signed by the petitioner under
oath that the facts and circumstances contained in the
petition are true to the best knowledge and belief of the
petitioner.

(9) The Attorney General, in cooperation with the
Mississippi Supreme Court and the Mississippi Judicial
College, shall develop a standardized form petition to be
used when requesting a domestic abuse protection order.