1998 Regular Session
To: Judiciary B
By: Representative Simpson
House Bill 218
(As Sent to Governor)
AN ACT TO AMEND SECTIONS 93-21-3 AND 93-21-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MUNICIPAL COURT TO ISSUE PROTECTIVE ORDERS IN DOMESTIC ABUSE CASES WHEN THE CHANCERY COURT IS UNAVAILABLE AND TO PROVIDE FULL FAITH AND CREDIT TO DOMESTIC ABUSE PROTECTIVE ORDERS FROM OTHER JURISDICTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-21-3, Mississippi Code of 1972, is amended as follows:
93-21-3. 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" * * * means the chancery court, or the justice court, municipal court or county court * * *.
(d) "Family or household member" means spouses, former spouses, persons living as spouses, parents and children, or other persons related by consanguinity or affinity.
SECTION 2. Section 93-21-13, Mississippi Code of 1972, is amended as follows:
93-21-13. (1) * * * A petition may be filed before the justice court judge, municipal court judge or county court judge, in an ex parte proceeding upon good cause shown, if the justice court judge, municipal 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, municipal 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.
(5) A protective order from another jurisdiction issued to protect the applicant from abuse as defined in Section 93-21-3 shall be accorded full faith and credit by the courts of this state and enforced as if the order were rendered by a court of this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 1998.