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MISSISSIPPI CODE OF 1972
As AmendedIndex for Chapter 021 of Title 93

• 93-21-1.  Short title.

• 93-21-3.  Definitions.

• 93-21-5.  Jurisdiction

• 93-21-7.  Petition to seek relief.

• 93-21-9.  Contents of petition.

• 93-21-11.  Notice and hearing; temporary orders.

• 93-21-13.  Ex parte proceedings before justice court or county court; temporary relief.

• 93-21-15.  Protective orders or consent agreements.

• 93-21-17.  Grant of relief not to affect property titles or availability of other remedies; duration of orders.

• 93-21-19.  Testimony by spouses not to be restricted.

• 93-21-21.  Penalties for violation of protective orders or consent agreements.

• 93-21-23.  Participants in reports or proceedings presumed acting in good faith; immunity from liability.

• 93-21-25.  Reports of abuse; confidentiality of reports.

• 93-21-27.  Immunity of law enforcement officers for arrests arising from incidents of domestic violence.

• 93-21-28.  Emergency law enforcement response in domestic abuse cases.

• 93-21-29.  Proceedings to be in addition to other civil or criminal remedies.

SEC. 93-21-1. Short title.

This chapter shall be known and may be cited as the "Protection from Domestic Abuse Law."

SOURCES: Laws, 1981, ch 429, Sec. 1, eff from and after July 1, 1981.

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SEC. 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 family or household members who reside together or who formerly resided together:

(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; or

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

(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" shall mean the chancery court, or the justice court or county court when the chancery court is unavailable.

(d) "Family or household member" means spouses, former spouses, persons living as spouses, parents and children, or other persons related by consanguinity or affinity.

SOURCES: Laws, 1981, ch 429, Sec. 2, eff from and after July 1, 1981.

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SEC. 93-21-5. Jurisdiction

The court shall have jurisdiction over all proceedings under this chapter. The petitioner's right to relief under this chapter shall not be affected by his leaving the residence or household to avoid further abuse.

SOURCES: Laws, 1981, ch. 429, Sec. 3, eff from and after July 1, 1981.

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SEC. 93-21-7. Petition to seek relief.

A person may seek relief under this chapter for himself by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, or next friend of the abused person may seek relief under this chapter on behalf of any minor children or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant.

SOURCES: Laws, 1981, ch. 429, Sec. 4, eff from and after July 1, 1981.

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SEC. 93-21-9. Contents of petition.

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

(a) Except as otherwise provided in subsection (7) of 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 protective orders.

(2) If a petition requests a protective 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.

(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 protective 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 requests the issuance of a temporary ex parte order the petition shall:

(a) Contain a general description of the facts and circumstances concerning the abuse and the need for immediate protective orders; and

(b) Be signed by each petitioner under oath that the facts and circumstances contained in the petition are true to the best knowledge and belief of each petitioner.

(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.

SOURCES: Laws, 1981, ch. 429, Sec. 5; 1989, ch. 353, Sec. 1, eff from and after July 1, 1989.

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SEC. 93-21-11. Notice and hearing; temporary orders.

(1) Within ten (10) days of filing of a petition under the provisions of this chapter, the court shall hold a hearing, at which time the petitioner must prove the allegation of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as otherwise provided by law.

(2) Upon good cause shown in an ex parte proceeding, the court may enter such temporary order as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be incompetent. Immediate and present danger of abuse to the petitioner, any minor children, or any person alleged to be incompetent, shall constitute good cause for purposes of this subsection. A temporary order shall last no longer than ten (10) days.

(3) If a hearing under subsection (1) of this section is continued, the court may make or extend such temporary orders under subsection (2) of this section as it deems necessary. A continuance under this subsection shall last no longer than twenty (20) days.

SOURCES: Laws, 1981, ch. 429, Sec. 6, eff from and after July 1, 1981.

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SEC. 93-21-13. Ex parte proceedings before justice court or county court; temporary relief.

(1) When the chancery court is unavailable, a petition may be filed before the justice court judge or county court judge, in an ex parte proceeding upon good cause shown, if the justice court judge or county court judge deems it necessary to protect from abuse the petitioner, any minor children, or any person alleged to be incompetent. Immediate and present danger of abuse to the petitioner, any minor children, or any person alleged to be incompetent, shall constitute good cause for the purposes of this section.

(2) The justice court and the county court shall be empowered to grant any protective 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, which relief may include:

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

(b) Granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner;

(c) When the defendant 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 defendant is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner, or by consent agreement allowing the defendant to provide suitable, alternate housing; and

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

(3) Any order issued under subsection (2) of this section is temporary and shall not exceed ten (10) days and shall expire as of the date of the hearing in chancery court, at which time, the petitioner may seek a temporary order from the chancery court.

(4) The court may amend its order or agreement at any time upon subsequent petition by either party.

SOURCES: Laws, 1981, ch. 429, Sec. 7; 1989, ch. 353, Sec. 2, eff from and after July 1, 1989. Laws, 1995, ch. 320, Sec. 1; 1995, ch. 569, Sec. 2, eff from and after July 1, 1995

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SEC. 93-21-15. Protective orders or consent agreements.

(1) The chancery court shall be empowered to grant any protective 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, which relief may include:

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

(b) Granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner;

(c) When the defendant 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 defendant is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner, or by consent agreement allowing the defendant to provide suitable, alternate housing;

(d) Awarding temporary custody of and/or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent;

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

(f) Ordering the defendant 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, and/or ordering counseling or professional medical treatment for the defendant and/or the abused person; and

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

SOURCES: Laws, 1981, ch. 429, Sec. 8, eff from and after July 1, 1981.

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SEC. 93-21-17. Grant of relief not to affect property titles or availability of other remedies; duration of orders.

(1) The granting of any relief authorized under this chapter shall not preclude any other relief provided by law.

(2) Any protective order or approved consent agreement shall be for a fixed period of time not to exceed one (1) year. The court may amend its order or agreement at any time upon subsequent petition filed by either party.

(3) No order or agreement under this chapter shall in any manner affect title to any real property.

SOURCES: Laws, 1981, ch. 429, Sec. 9, eff from and after July 1, 1981.

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SEC. 93-21-19. Testimony by spouses not to be restricted.

There shall be no restrictions concerning a spouse testifying against his spouse in any hearing under the provisions of this chapter.

SOURCES: Laws, 1981, ch. 429, Sec. 10, eff from and after July 1, 1981.

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SEC. 93-21-21. Penalties for violation of protective orders or consent agreements.

Upon violation of a protective order or a court approved consent agreement known to the defendant, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the county jail for not more than six (6) months or a fine of not more than one thousand dollars ($1,000.00), or both.

SOURCES: Laws, 1981, ch. 429, Sec. 11, eff from and after July 1, 1981.

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SEC. 93-21-23. Participants in reports or proceedings presumed acting in good faith; immunity from liability.

Any licensed doctor of medicine, licensed doctor of dentistry, intern, resident or registered nurse, psychologist, social worker, preacher, teacher, attorney, law enforcement officer, or any other person or institution participating in the making of a report pursuant to this chapter or participating in judicial proceedings resulting therefrom shall be presumed to be acting in good faith, and if found to have acted in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. The reporting of an abused person shall not constitute a breach of confidentiality.

SOURCES: Laws, 1981, ch 429, Sec. 12, eff from and after July 1, 1981.

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SEC. 93-21-25. Reports of abuse; confidentiality of reports.

A written report of any known or suspected abuse may be made to the state department of public welfare as soon as possible by any person having knowledge of such abuse. Reports of abuse made under the provisions of this chapter and the identity of those persons making the reports shall be confidential.

SOURCES: Laws, 1981, ch. 429, Sec. 13, eff from and after July 1, 1981.

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SEC. 93-21-27. Immunity of law enforcement officers for arrests arising from incidents of domestic violence.

A law enforcement officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged domestic violence incident brought by any authorized party, or an arrest made in good faith pursuant to Section 99-3-7 (3), or failure, in good faith, to make an arrest pursuant to Section

SOURCES: Laws, 1981, ch. 429, Sec. 14; 1988, ch. 571, Sec. 2, eff from and after passage (approved May 21, 1988).

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SEC. 93-21-28. Emergency law enforcement response in domestic abuse cases.

(1) A person who alleges that he or she or a minor child has been the victim of domestic violence may request the assistance of a local law enforcement agency. The local law enforcement agency shall respond to the request for assistance. The local law enforcement officer responding to the request for assistance shall take whatever steps are reasonably necessary to protect the complainant from harm and shall advise the complainant of sources of shelter, medical care, counseling and other services. Upon request by the complainant and where feasible, the law enforcement officer shall transport the complainant to appropriate facilities such as hospitals or public or private facilities for shelter and accompany the complainant to his or her residence, within the jurisdiction in which the request for assistance was made, so that the complainant may remove food, clothing, medication and such other personal property as is reasonably necessary to enable the complainant and any minor children who are presently in the care of the complainant to remain elsewhere pending further proceedings.

(2) In providing the assistance authorized by subsection (1), no officer may be held criminally or civilly liable on account of reasonable measures taken under authority of subsection (1).

SOURCES: Laws, 1995, ch. 569, Sec. 1, eff from and after July 1, 1995

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SEC. 93-21-29. Proceedings to be in addition to other civil or criminal remedies.

Any proceeding under this chapter shall be in addition to other available civil or criminal remedies.

SOURCES: Laws, 1981, ch. 429, Sec. 15, eff from and after July 1, 1981.

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