reglab/housing_qa huggingface dataset:
MS Code § 93-20-424 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-424. Attempted transfer of property by the ward

  The interest of a ward in property included in the conservatorship estate is not transferrable or assignable by the ward and is not subject to levy, garnishment, or similar process for claims against the ward unless allowed under Section 93-20-427.   If a ward enters into a contract after the right to enter the contract has been delegated to another by the court, the contract is void against the ward and the ward's property but is enforceable against the person that contracted with the ward.   A person other than the conservator that deals with a ward with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this chapter.
MS Code § 93-20-425 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-425. Transaction involving conflict of interest

 A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under Section 93-20-411(5) or a court order. A transaction affected by a substantial conflict includes a sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, descendant, sibling, or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
MS Code § 93-20-426 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-426. Protection of person dealing with conservator

  A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under Section 93-20-414, is protected as though the conservator properly exercised any power in question. Mere knowledge by a person that the person is dealing with a conservator does not require the person to inquire into the existence of authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority stated in letters of conservatorship, or otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.   Protection under subsection (1) extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of conservatorship and does not substitute for protection for a person that assists or deals with a conservator provided by comparable provisions in law of this state other than this chapter relating to a commercial transaction or simplifying a transfer of securities by a fiduciary.
MS Code § 93-20-428 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-428. Personal liability of conservator

  Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator's representative capacity in the contract or before entering into the contract.   A conservator may be personally liable for an obligation arising from control of property of the conservatorship estate or an act or omission occurring in the course of administration of the conservatorship estate only if the conservator is personally grossly negligent or in breach of fiduciary duty.   A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from control of property included in the conservatorship estate, or a tort committed in the course of administration of the conservatorship estate may be asserted against the conservatorship estate in a proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim.   A question of liability between a conservatorship estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
MS Code § 93-20-429 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-429. Removal of conservator; appointment of successor

  The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.   The court must hold a hearing to determine whether to remove a conservator and appoint a successor on:   A petition of the ward, conservator, or person interested in the welfare of the ward that contains allegations which, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;   Communication from the ward, conservator, or person interested in the welfare of the ward which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or   Determination by the court that a hearing would be in the best interest of the ward.     Notice of a petition under subsection (2)(a) must be given to the ward, the conservator, and any other person the court determines.   A ward who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the ward in this matter. If the ward is not represented by an attorney, the court may appoint an attorney under the same conditions as in Section 93-20-406. The court may award reasonable attorney's fees to the attorney as provided in Section 93-20-118.   In selecting a successor conservator, the court must follow the priorities under Section 93-20-410.
MS Code § 93-20-431 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-431. Transfer for benefit of minor without appointment of conservator

  Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding Twenty-five Thousand Dollars ($25,000.00) in a twelve-month period to:   A person who has care or custody of the minor and with whom the minor resides;   A guardian for the minor;   A custodian under the Uniform Transfers to Minors Act, Section 91-20-1 et seq.; or   A financial institution as a deposit in an account or certificate solely in the name of the minor; notice of the deposit must be given to the minor; or   An Achieving a Better Life Experience (ABLE) account.     A person that transfers funds or other property under this section is not responsible for its proper application.   A person that receives funds or other property for a minor under subsection (1)(a) or (b) may apply it only to the support, care, education, health, or welfare of the minor, and may not derive a personal financial benefit from it, except for reimbursement for necessary expenses. Funds not applied for these purposes must be preserved for the future support, care, education, health, or welfare of the minor, and the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.   Contributions to an ABLE account, and the provisions for permissible disbursements from such account, are governed by 26 U.S.C. Section 529A and the terms of the applicable ABLE plan. The amount of annual contributions is subject to 26 U.S.C. Section 2503(b).
MS Code § 93-21-1 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-1. Short title

 This chapter shall be known and may be cited as the "Protection from Domestic Abuse Law."
MS Code § 93-21-3 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-3. Definitions

 As used in this chapter, unless the context otherwise requires:   "Abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child or children in common, other individuals related by consanguinity or affinity who reside together or who formerly resided together or between individuals who have a current or former dating relationship:   Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;   Placing, by physical menace or threat, another in fear of imminent serious bodily injury;   Criminal sexual conduct committed against a minor within the meaning of Section 97-5-23;   Stalking within the meaning of Section 97-3-107;   Cyberstalking within the meaning of Section 97-45-15; or   Sexual offenses within the meaning of Section 97-3-65 or 97-3-95.   "Abuse" does not include any act of self-defense.   "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.   "Court" means the chancery court, justice court, municipal court or county court.   "Dating relationship" means a social relationship of a romantic or intimate nature between two (2) individuals; it does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context. Whether a relationship is a "dating relationship" shall be determined by examining the following factors:   The length of the relationship;   The type of relationship; and   The frequency of interaction between the two (2) individuals involved in the relationship.   "Mutual protection order" means a protection order that includes provisions in favor of both the individual seeking relief and the respondent.
MS Code § 93-21-5 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-5. Jurisdiction and venue

  The municipal justice, county or chancery court shall have jurisdiction over proceedings under this chapter as provided in 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.   Venue shall be proper in any county or municipality where the respondent resides or in any county or municipality where the alleged abusive act or acts occurred.   If a petition for an order for protection from domestic abuse is filed in a court lacking proper venue, the court, upon objection of the respondent, shall transfer the action to the appropriate venue pursuant to other applicable law.   A record shall be made of any proceeding in justice or municipal court that involves domestic abuse.
MS Code § 93-21-7 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-7. Petition to seek domestic abuse protection order; proper forum for petition alleging domestic abuse; waiver of filing fees in domestic abuse cases

  Any person may seek a domestic abuse protection order for himself by filing a petition alleging abuse by the respondent. Any parent, adult household member, or next friend of the abused person may seek a domestic abuse protection order on behalf of any minor children or any person alleged to be incompetent by filing a petition with the court alleging abuse by the respondent. Cases seeking relief under this chapter shall be priority cases on the court's docket and the judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.   A petition seeking a domestic abuse protection order may be filed in any of the following courts: municipal, justice, county or chancery. A chancery court shall not prohibit the filing of a petition which does not seek emergency relief on the basis that the petitioner did not first seek or obtain temporary relief in another court. A petition requesting emergency relief pending a hearing shall not be filed in chancery court unless specifically permitted by the chancellor under the circumstances or as a separate pleading in an ongoing chancery action between the parties. Nothing in this section shall:   Be construed to require consideration of emergency relief by a chancery court; or   Preclude a chancery court from entering an order of emergency relief.     The petitioner in any action brought pursuant to this chapter shall not bear the costs associated with its filing or the costs associated with the issuance or service of any notice of a hearing to the respondent, issuance or service of an order of protection on the respondent, or issuance or service of a warrant or witness subpoena. If the court finds that the petitioner is entitled to an order protecting the petitioner from abuse, the court shall be authorized to assess all costs including attorney's fees of the proceedings to the respondent. The court may assess costs including attorney's fees to the petitioner only if the allegations of abuse are determined to be without merit and the court finds that the petitioner is not a victim of abuse as defined by Section 93-21-3.
MS Code § 93-21-11 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-11. Notice and hearing

  Within ten (10) days of the 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 respondent shall be given notice of the filing of any petition and of the date, time and place set for the hearing by personal service of process. A court may conduct a hearing in the absence of the respondent after first ascertaining that the respondent was properly noticed of the hearing date, time and place.
MS Code § 93-21-13 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-13. Emergency domestic abuse protection order; duration of order; extension; entry of protection order into Mississippi Protection Order Registry; order effective in all U.S. states, territories and tribal lands

    The court in which a petition seeking emergency relief pending a hearing is filed must consider all such requests in an expedited manner and shall not refer or direct the matter to be sent to another court. The court may issue an emergency domestic abuse protection order without prior notice to the respondent upon good cause shown by the petitioner. Immediate and present danger of abuse to the petitioner, any minor children or any person alleged to be incompetent shall constitute good cause for issuance of an emergency domestic abuse protection order. The respondent shall be provided with notice of the entry of any emergency domestic abuse protection order issued by the court by personal service of process.   A court granting an emergency domestic abuse protection order may grant relief as provided in Section 93-21-15(1)(a).   An emergency domestic abuse protection order shall be effective for ten (10) days, or until a hearing may be held, whichever occurs first. If a hearing under this subsection (1) is continued, the court may grant or extend the emergency order as it deems necessary for the protection of the abused person. A continuance under this subsection (1)(c) shall be valid for no longer than twenty (20) days.     The Attorney General, in cooperation with the Mississippi Supreme Court and the Mississippi Judicial College, shall develop standardized forms for emergency domestic abuse protection orders. Use of the standardized forms in protection order proceedings pursuant to this chapter shall be fully implemented by all courts no later than July 1, 2015. However, in any criminal prosecution or contempt proceeding for a violation of a domestic abuse protection order, it shall not be a defense that the order was not issued on the standardized form.   Upon issuance of any protection order by the court, the order shall be entered into the Mississippi Protection Order Registry by the clerk of the court pursuant to Section 93-21-25, and a copy provided to the sheriff's department in the county of the court of issuance.   An emergency domestic abuse protection order issued under this section is effective in this state, in all other states, and in United States territories and tribal lands. A court shall not limit the scope of a protection order to the boundaries of the State of Mississippi or to the boundaries of a municipality or county within the State of Mississippi.
MS Code § 93-21-16 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-16. Full faith and credit for certain protective orders issued in other jurisdictions

  A protective order from another jurisdiction issued to protect the applicant from abuse as defined in Section 93-21-3, or a protection order as defined in Section 93-22-3, issued by a tribunal of another state shall be accorded full faith and credit by the courts of this state and enforced in this state as provided for in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.   For purposes of enforcement by Mississippi law enforcement officers, a protective order from another jurisdiction, or a protection order as defined in Section 93-22-3 and issued by a tribunal of another state, is presumed to be valid if it meets the requirements of Section 93-22-7.   For purposes of judicial enforcement of a protective order issued in another jurisdiction, or a protection order as defined in Section 93-22-3 and issued by a tribunal of another state, an order is presumed valid if it meets the requirements of Section 93-22-5(4). It is an affirmative defense in any action seeking enforcement of a protective order issued in another jurisdiction, or a protection order as defined in Section 93-22-3 and issued by a tribunal of another state, that any criteria for the validity of the order is absent.
MS Code § 93-21-17 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-17. Grant of relief not to affect property titles or availability of other remedies; court approval required to amend orders

  The granting of any relief authorized under this chapter shall not preclude any other relief provided by law.   The court may amend its order or agreement at any time upon subsequent petition filed by either party. Protective orders issued under the provisions of this chapter may only be amended by approval of the court.   No order or agreement under this chapter shall in any manner affect title to any real property.
MS Code § 93-21-19 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 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.
MS Code § 93-21-21 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 93-21-21. Knowing violation of protection orders, court-approved consent agreements or bond conditions issued by Mississippi or foreign courts is misdemeanor or contempt; penalties

  Upon a knowing violation of (a) a protection order or court-approved consent agreement issued pursuant to this chapter, (b) a similar order issued by a foreign court of competent jurisdiction for the purpose of protecting a person from domestic abuse, or (c) a bond condition imposed pursuant to Section 99-5-37, the person violating the order or condition commits a misdemeanor punishable 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.   Alternatively, upon a knowing violation of a protection order or court-approved consent agreement issued pursuant to this chapter or a bond condition issued pursuant to Section 99-5-37, the issuing court may hold the person violating the order or bond condition in contempt, the contempt to be punishable as otherwise provided by applicable law. A person shall not be both convicted of a misdemeanor and held in contempt for the same violation of an order or bond condition.   When investigating allegations of a violation under subsection (1) of this section, law enforcement officers shall utilize the uniform offense report prescribed for this purpose by the Office of the Attorney General in consultation with the sheriff's and police chief's associations. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (1) of this section.   In any conviction for a violation of a domestic abuse protection order as described in subsection (1) of this section, the court shall enter the disposition of the matter into the corresponding uniform offense report.   Nothing in this section shall be construed to interfere with the court's authority, if any, to address bond condition violations in a more restrictive manner.
MS Code § 93-21-23 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 21 - Protection from Domestic Abuse|Article 1 - Protection from Domestic Abuse Law|§ 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, family protection worker, family protection specialist, 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.