MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Judiciary
By: Senator(s) Carlton
AN ACT TO AMEND SECTIONS 93-21-13 AND 93-21-15, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR PROTECTIVE ORDERS ISSUED IN DOMESTIC VIOLENCE CASES; TO AMEND SECTION 93-21-109, MISSISSIPPI CODE OF 1972, TO PROTECT THE CONFIDENTIALITY OF SHELTER LOCATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
(6) Every order granting a protective order 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 specified in its terms and shall describe in reasonable detail the act or acts to be restrained.
(7) Notwithstanding the foregoing, the court shall not issue a mutual order enjoining each party from specific acts of abuse described in Section 93-21-3 unless the court makes detailed findings of fact, based upon written or oral evidence of abuse or domestic violence, that each party is entitled to protection from such abuse.
SECTION 2. Section 93-21-15, Mississippi Code of 1972, is amended as follows:
93-21-15. (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.
(2) Every order granting a protective order 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.
(3) The court shall not issue mutual orders enjoining each party from specific acts of abuse described in Section 93-21-3 unless the court makes detailed findings of fact, based upon written or oral evidence of abuse or domestic violence, indicating that both parties are entitled to protection from such abuse.
SECTION 3. Section 93-21-109, Mississippi Code of 1972, is amended as follows:
93-21-109. Records maintained by domestic violence shelters, except the official minutes of the board of directors of the shelter, and financial reports filed as required by statute with the board of supervisors or municipal authorities or any other agency of government, shall be withheld from public disclosure under the provisions of the Mississippi Public Records Act of 1983.
A resident or staff member of a domestic violence shelter shall not be required to disclose the street address or physical location of that shelter to any public or private agency. In all cases where the provision of a physical address is required, a post office box address for the domestic violence shelter shall be deemed sufficient.
SECTION 4. This act shall take effect and be in force from and after July 1, 2002.