MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary A

By: Representative Whittington, McBride, Brown, Watson, Barnett (116th), Eads, Fredericks, Mayo

House Bill 978

AN ACT TO AMEND SECTION 93-21-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PROTECTIVE ORDER IN A DOMESTIC ABUSE CASE REMAINS EFFECTIVE UNTIL IT IS TERMINATED OR MODIFIED BY ACTION OF THE COURT; TO PROVIDE THAT THE COURT SHALL CONDUCT A HEARING BEFORE AUTHORIZING MODIFICATION OR TERMINATION OF A PROTECTIVE ORDER; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-21-17, Mississippi Code of 1972, is amended as follows:

     93-21-17.  (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 three (3) years.  The court may amend its order or agreement at any time upon subsequent petition filed by either party.  If the petitioner desires to modify or terminate a protective order before the time fixed in the order, then the court shall conduct a hearing before authorizing such modification or termination.  A protective order issued under the provisions of this chapter remains effective and enforceable until it is terminated under its provisions or until it is modified or terminated earlier by action of the court upon the written request of the original petitioner for relief.

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

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2003.