MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representatives Fredericks, Dickson, Miller, Peranich, Simmons, Thomas, Scott (80th)

AN ACT TO PROVIDE FULL FAITH AND CREDIT FOR FOREIGN DOMESTIC VIOLENCE ORDERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Except as provided by subsection (2), a protective order from another jurisdiction issued to protect the applicant from domestic violence as defined in Section 97-3-7, Mississippi Code of 1972, shall be accorded full faith and credit by the courts of this state and enforced as if the order were rendered by the court in this state.

(2) A protective order from another jurisdiction is presumed to be valid if the order appears authentic on its face. The effective dates of the order shall be enforced as they appear on the order's face. Where no expiration date appears on the face of the order, the order shall be deemed to have expired one (1) year from the date of issuance.

(3) It is an affirmative defense in any action seeking enforcement of a protective order issued in another jurisdiction:

(a) That the respondent was not given reasonable notice and an opportunity to be heard consistent with due process either:

(i) Before the date the order was rendered; or

(ii) In the case of an ex parte order, within the time required by the jurisdiction rendering the order after the date the order was rendered; or

(b) That the issuing court lacked jurisdiction to issue the order.

SECTION 2. This act shall take effect and be in force from and after its passage.