reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-426 - Protection of person dealing with conservator

(1)
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.
(2)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-428 - Personal liability of conservator

(1)
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.
(2)
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.
(3)
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.
(4)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-429 - Removal of conservator; appointment of successor

(1)
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.
(2)
The court must hold a hearing to determine whether to remove a conservator and appoint a successor on:
(a)
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;
(b)
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
(c)
Determination by the court that a hearing would be in the best interest of the ward.
(3)
Notice of a petition under subsection (2)(a) must be given to the ward, the conservator, and any other person the court determines.
(4)
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
.
(5)
In selecting a successor conservator, the court must follow the priorities under Section
93-20-410
.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-1 - Short title

This chapter shall be known and may be cited as the "Protection from Domestic Abuse Law."
Laws, 1981, ch 429, § 1, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-3 - Definitions

As used in this chapter, unless the context otherwise requires:
(a)
"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:
(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;
(iii)
Criminal sexual conduct committed against a minor within the meaning of Section
97-5-23
;
(iv)
Stalking within the meaning of Section
97-3-107
;
(v)
Cyberstalking within the meaning of Section
97-45-15
; or
(vi)
Sexual offenses within the meaning of Section
97-3-65
or
97-3-95
.
"Abuse" does not include any act of self-defense.
(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, justice court, municipal court or county court.
(d)
"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:
(i)
The length of the relationship;
(ii)
The type of relationship; and
(iii)
The frequency of interaction between the two (2) individuals involved in the relationship.
(e)
"Mutual protection order" means a protection order that includes provisions in favor of both the individual seeking relief and the respondent.
Laws, 1981, ch 429, § 2; Laws, 1998, ch. 471, § 1; Laws, 2001, ch. 467, § 1; Laws, 2007, ch. 589, § 1; Laws, 2008, ch. 391, § 1; Laws, 2009, ch. 545, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-5 - Jurisdiction and venue

(1)
The municipal, justice, county or chancery court, or a state military court as defined in Section
33-13-151
, 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.
(2)
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. Any action that originates in state military court as defined in Section
33-13-151
alleged against a member of the Mississippi National Guard and brought in a state military court proceeding as defined in Section
33-13-151
shall be the sole province of the Mississippi National Guard, and venue shall only be proper for such action before a state military court as defined in Section
33-13-151
, and shall be subject to all the applicable laws, procedures, rules and/or regulations as set forth in Title 33. The provisions of this subsection shall not prohibit any person from bringing the same or similar action in municipal, justice, county or chancery court.
(3)
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.
(4)
A record shall be made of any proceeding in justice or municipal court that involves domestic abuse.
Laws, 1981, ch. 429, § 3; Laws, 2009, ch. 545, § 2; Laws, 2012, ch. 514, § 1, eff. 7/1/2012.
Amended by Laws, 2020, ch. 463, SB 2821,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 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

(1)
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.
(2)
A petition seeking a domestic abuse protection order may be filed in any of the following courts: municipal, justice, county or chancery, or a state military court as defined in Section
33-13-151
. 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:
(a)
Be construed to require consideration of emergency relief by a chancery court; or
(b)
Preclude a chancery court from entering an order of emergency relief.
(3)
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
.
Laws, 1981, ch. 429, § 4; Laws, 2001, ch. 382, § 1; Laws, 2007, ch. 589, § 2; Laws, 2009, ch. 433, § 1; Laws, 2009, ch. 545, § 3; Laws, 2012, ch. 514, § 2, eff. 7/1/2012.
Amended by Laws, 2020, ch. 463, SB 2821,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-11 - Notice and hearing

(1)
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.
(2)
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.
Laws, 1981, ch. 429, § 6; Laws, 2007, ch. 589, § 3; Laws, 2009, ch. 545, § 5, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-16 - Full faith and credit for certain protective orders issued in other jurisdictions

(1)
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, or a similar order by a state military court as defined in Section
33-13-151
, 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.
(2)
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
.
(3)
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.
Laws, 1999, ch. 434, § 1; Laws, 1999, ch. 552, § 1; Laws, 2004, ch. 566, § 11; Laws, 2007, ch. 589, § 6, eff. 7/1/2007.
Amended by Laws, 2020, ch. 463, SB 2821,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-17 - Grant of relief not to affect property titles or availability of other remedies; court approval required to amend orders

(1)
The granting of any relief authorized under this chapter shall not preclude any other relief provided by law.
(2)
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.
(3)
No order or agreement under this chapter shall in any manner affect title to any real property.
Laws, 1981, ch. 429, § 9; Laws, 2001, ch. 383, § 1; Laws, 2007, ch. 589, § 7, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 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.
Laws, 1981, ch. 429, § 10, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 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

(1)
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 a similar order by a state military court as defined in Section
33-13-151
, 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
Laws, 1981, ch. 429, § 11; Laws, 2003, ch. 430, § 1; Laws, 2012, ch. 514, § 5, eff. 7/1/2012.
Amended by Laws, 2020, ch. 463, SB 2821,§ 4, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 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.
Laws, 1981, ch 429, § 12; Laws, 2004, ch. 489, § 8; Laws, 2006, ch. 600, § 10, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-25 - Mississippi Protection Order Registry; certain orders to be maintained in registry; duties of clerk of issuing court; process for entry and removal of orders

(1)
In order to provide a statewide registry for protection orders and to aid law enforcement, prosecutors and courts in handling such matters, the Attorney General is authorized to create and administer a Mississippi Protection Order Registry. The Attorney General's office shall implement policies and procedures governing access to the registry by authorized users, which shall include provisions addressing the confidentiality of any information which may tend to reveal the location or identity of a victim of domestic abuse.
(2)
All orders issued pursuant to Sections
93-21-1
through
93-21-29
,
97-3-7(11)
,
97-3-65(6)
or
97-3-101(5)
will be maintained in the Mississippi Protection Order Registry. It shall be the duty of the clerk of the issuing court to enter all civil and criminal domestic abuse protection orders and all criminal sexual assault protection orders, including any modifications, amendments or dismissals of such orders, into the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays. A separate copy of any order shall be provided to the sheriff's department TAC officers of the county of the issuing court. The copy may be provided in electronic format. Each qualifying protection order submitted to the Mississippi Protection Order Registry shall be automatically transmitted to the National Criminal Information Center Protection Order File. Failure of the clerk to enter the order into the registry or to provide a copy of the order to law enforcement shall have no effect on the validity or enforcement of an otherwise valid protection order.
Any information regarding the registration or issuance of a civil or criminal domestic abuse protection order or a criminal sexual assault protection order, or the filing of a petition for a civil domestic abuse protection order which is maintained in the Mississippi Protection Order Registry and would tend to reveal the identity or location of the protected person(s) shall not constitute a public record and shall be exempt from disclosure pursuant to the Mississippi Public Records Act of 1983. This information may be disclosed to appropriate law enforcement, prosecutors or courts for protection order enforcement purposes.
Laws, 1981, ch. 429, § 13; Laws, 2007, ch. 589, § 8; Laws, 2009, ch. 433, § 5; Laws, 2012, ch. 514, § 6, eff. 7/1/2012.
Amended by Laws, 2017, ch. 414, HB 1356, 4, eff. 4/6/2017.
Amended by Laws, 2015, ch. 332, HB 556, 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-27 - Immunity of law enforcement officers for arrests arising from incidents of domestic violence

A law enforcement officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged domestic violence incident brought by any authorized party, or an arrest made in good faith pursuant to Section
99-3-7(3)
, or failure, in good faith, to make an arrest pursuant to Section
99-3-7(3)
.
Laws, 1981, ch. 429, § 14; Laws, 1988, ch. 571, § 2, eff. 5/21/1988.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-28 - Emergency law enforcement response in domestic abuse cases

(1)
A person who alleges that he or she or a minor child has been the victim of domestic violence may request the assistance of a local law enforcement agency. The local law enforcement agency shall respond to the request for assistance. The local law enforcement officer responding to the request for assistance shall take whatever steps are reasonably necessary to protect the complainant from harm and shall advise the complainant of sources of shelter, medical care, counseling and other services. Upon request by the complainant and where feasible, the law enforcement officer shall transport the complainant to appropriate facilities such as hospitals or public or private facilities for shelter and accompany the complainant to his or her residence, within the jurisdiction in which the request for assistance was made, so that the complainant may remove food, clothing, medication and such other personal property as is reasonably necessary to enable the complainant and any minor children who are presently in the care of the complainant to remain elsewhere pending further proceedings.
(2)
In providing the assistance authorized by subsection (1), no officer may be held criminally or civilly liable on account of reasonable measures taken under authority of subsection (1).
Laws, 1995, ch. 569, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-29 - Proceedings to be in addition to other civil or criminal remedies

Any proceeding under this chapter shall be in addition to other available civil or criminal remedies.
Laws, 1981, ch. 429, § 15, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 1 - PROTECTION FROM DOMESTIC ABUSE LAW (§§ 93-21-1 — 93-21-33) › Section 93-21-31 - Domestic Violence Training Fund; funding of expenses of Domestic Violence Division of the Office of Attorney General; deposit of user charges and fees authorized under this section into State General Fund

(1)
There is hereby created in the State Treasury a special fund designated as the Domestic Violence Training Fund. The fund shall be administered by the Attorney General. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund. Monies appropriated to the fund shall be used by the Attorney General for the general administration and expenses of the Domestic Violence Division which provides training to law enforcement, prosecutors, judges, court clerks and other professionals in the field of domestic violence awareness, prevention and enforcement.
(2)
The clerks of the various courts shall remit the proceeds generated by Chapter 434, Laws of 2009, to the Department of Finance and Administration as is done generally for other fees collected by the clerks.
(3)
From and after July 1, 2016, the expenses of the Domestic Violence Division of the Office of Attorney General shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(4)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 2009, ch. 433, § 7, eff. 7/1/2009.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 40, eff. 6/23/2017.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-101 - Definitions

As used in Sections
93-21-101
through
93-21-113
, unless the context otherwise requires:
(a)
"Domestic violence shelter" means a place established to provide temporary food and shelter, counseling, and related services to victims of domestic violence.
(b)
"Interpersonal violence" means any behavior between family members and intimate partners, but also between acquaintances and strangers, that causes physical, psychological, or sexual harm and includes the crimes of domestic violence, stalking, sexual assault, trafficking, child sexual abuse, and related crimes.
(c)
"Batterer intervention program" means a program that focuses on behavior modification for perpetrators of domestic violence in an effort to prevent domestic violence from reoccurring. This shall not include programs focusing on anger management or marriage counseling. Any batterer intervention program must document cooperation with a domestic violence shelter program.
(d)
"OAIV" means the Office Against Interpersonal Violence established in Section
93-21-119
.
Laws, 1983, ch. 502, § 1, eff. 4/12/1983.
Amended by Laws, 2014, ch. 509, HB 1030, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-103 - Domestic violence shelters

There is hereby established a program for victims of domestic violence through domestic violence shelters. The oversight of shelters, and distribution of state funds for the purpose of serving victims of domestic violence, shall be the responsibility of the Office Against Interpersonal Violence created in Sections
93-21-119
through
93-21-123
. The Office Against Interpersonal Violence shall have the authority to promulgate the administrative rules that are necessary and proper to further carry out the purposes of this section.
Laws, 1983, ch. 502, § 2, eff. 4/12/1983.
Amended by Laws, 2014, ch. 509, HB 1030, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-105 - [Repealed]

Laws, 1983, ch. 502, § 3, eff. 4/12/1983.
Repealed by Laws, 2014, ch. 509, HB 1030, 10, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-109 - Records withheld from public disclosure

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.
Laws, 1983, ch. 502, § 5; Laws, 2002, ch. 337, § 3, eff. 7/1/2002.
Amended by Laws, 2020, ch. 402, HB 1386,§ 2, eff. 7/1/2020.
Amended by Laws, 2014, ch. 509, HB 1030, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-111 - Annual report

A domestic violence shelter that receives funds pursuant to the provisions of Sections
93-21-101
through
93-21-113
shall file at a minimum an annual report with the commission of budget and accounting and other data reports as requested. A copy of the annual report shall also be furnished to the chairmen of the pensions, social welfare and public health committee of the Mississippi House of Representatives and the public health and welfare committee of the Mississippi Senate. The annual report shall include statistics on the number of persons served by the shelter, the relationship of the victim of domestic violence to the offender, the number of referrals made for medical, psychological, financial, educational, vocational, child care, or legal services, and shall include the results of an independent audit. No information contained in the report shall identify any person served by the shelter, or enable any person to determine the identity of any such person.
Laws, 1983, ch. 502, § 6, eff. 4/12/1983.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-113 - Reporting criminal acts or omissions to law enforcement personnel; filing charges against offender; plea bargaining

Domestic violence shelters through their employees and officials shall, on every occasion other than the initial request for assistance, report to the district attorney, the county attorney, or the appropriate law enforcement official or other state agencies any occurrence or instance coming to their attention which would involve the commission of a crime or the failure to perform or render a service or assistance to a victim of domestic violence when required by law to do so.
Every municipal prosecutor, county attorney, district attorney or other appropriate law enforcement official who, having had reported to him a case of domestic violence, if the facts submitted be sufficient, shall immediately file charges against the offender on the behalf of the victim. Such prosecutor may in plea bargaining with the offender enter into an agreement whereby the offender shall receive counseling in lieu of further prosecution, and if the offender shall successfully attend counseling as agreed upon for the period of time agreed upon, the municipal prosecutor, county attorney or district attorney, as the case may be, shall pass such case to the file.
No municipal prosecutor, county attorney or district attorney shall grant such right in plea bargaining to the same offender more than once.
Laws, 1983, ch. 502, § 7; Laws, 2007, ch. 589, § 9, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-115 - Donations from municipalities to support local shelters

The governing authorities of any municipality in the state are hereby authorized and empowered, in their discretion, to donate annually out of any money in the municipal treasury such sums as the governing authorities deem advisable to support any domestic violence shelter or rape crisis center operating within or serving its area. For the purposes of this section, "rape crisis center" means a place established to provide care, counseling and related services to victims of rape, attempted rape, sexual battery or attempted sexual battery.
Laws, 1983, ch. 502, § 9; Laws, 1990, ch. 539, § 1, eff. 10/1/1990.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-117 - Victims of Domestic Violence Fund

(1)
There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
Monies appropriated by the Legislature;
(b)
The interest accruing to the fund;
(c)
Monies received under the provisions of Section
99-19-73
;
(d)
Monies received from the federal government;
(e)
Donations to the Victims of Domestic Violence Fund;
(f)
Assessments collected pursuant to Section
83-39-31
; and
(g)
Monies received from such other sources as may be provided by law.
(2)
The circuit clerks of the state shall deposit in the fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section
25-7-13
, Mississippi Code of 1972.
(3)
All other monies received by the state from every source for the support of the program for victims of domestic violence, established by Sections
93-21-101
through
93-21-113
, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections
93-21-101
through
93-21-113
, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections
93-21-101
through
93-21-113
. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.
(4)
From and after July 1, 2014, the Office Against Interpersonal Violence is granted all powers and duties with respect to the management of funds in the Victims of Domestic Violence Fund. Any reference to the Department of Health in this article pertaining to the management of the Victims of Domestic Violence Fund means the Office Against Interpersonal Violence within the Department of Health. In addition to the ten percent (10%) set aside in subsection (3), from and after July 1, 2014, the OAIV is authorized to utilize no more than an additional five percent (5%) of the monies in the Victims of Domestic Violence Fund at its discretion for transition expenses and expense related to statewide projects of the OAIV.
(5)
Nothing in this chapter shall be construed to limit the ability of a domestic violence shelter or other domestic violence program to solicit private donations or community support. Any funds raised by a shelter or program from private donations or community support are not subject to the provisions of this chapter.
Laws, 1985, ch. 461, § 1; Laws, 2005, ch. 413, § 4; Laws, 2009, ch. 463, § 2, eff. 7/1/2009.
Amended by Laws, 2014, ch. 509, HB 1030, 8, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-121 - Office Against Interpersonal Violence powers and duties

(1)
The Office Against Interpersonal Violence shall have authority to:
(a)
Receive funds intended for care of victims of interpersonal violence when those funds are not directed elsewhere;
(b)
Administer funds received from any source and establish procedures for the disbursement of funds to certified agencies for the delivery of shelter and other services for victims of interpersonal violence;
(c)
Cooperate with the Attorney General's office for the certification of any programs receiving funding;
(d)
Study the subject of interpersonal violence and related matters, and regularly report to the Legislature on the need for legislative revisions and initiatives in those areas; and
(e)
Develop a strategic plan for the delivery of services for victims of interpersonal violence.
(2)
The Mississippi Department of Health shall seek appropriations authority on behalf of the OAIV to expend any funds it receives from any source, and shall comply with all statutes and regulations of the state pertaining to fiscal management of public funds.
(3)
The OAIV shall have the authority, with the assistance of the Advisory Board, to develop performance standards, financial audit standards, and other necessary standards to insure that all the grantees are managing their facilities and services consistent with the purposes of the grant. From and after July 1, 2016, only agencies meeting the standards developed by the OAIV shall be eligible to receive funding administered by the OAIV.
Added by Laws, 2014, ch. 509, HB 1030, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 3 - DOMESTIC VIOLENCE SHELTERS (§§ 93-21-101 — 93-21-125) › Section 93-21-123 - Office Against Interpersonal Violence authorized to seek, receive and administer certain grants

(1)
From and after July 1, 2016, the Office Against Interpersonal Violence shall be the single state agency for the receipt and administration of and the sole authority and responsibility to seek grants on behalf of the state which will be administered or available after July 1, 2016.
(2)
The OAIV shall also be authorized to contract with any agency of the state to receive grants or subgrants for the delivery of services to victims of interpersonal violence.
(3)
The OAIV shall have the authority to seek grants from any other source making funds available when the purpose of the grant is to provide services and assistance to victims of interpersonal violence, or offers training to persons who assist such victims.
Added by Laws, 2014, ch. 509, HB 1030, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 5 - CHILDREN'S TRUST FUND ACT (§§ 93-21-301 — 93-21-311) › Section 93-21-301 - Short title

Sections
93-21-301
through
93-21-311
shall be known as the "Children's Trust Fund Act of 1989."
Laws, 1989, ch. 509, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 5 - CHILDREN'S TRUST FUND ACT (§§ 93-21-301 — 93-21-311) › Section 93-21-303 - Declaration of policy

The Legislature of the State of Mississippi finds and declares the policy of this state as follows:
(a)
The children of Mississippi are its single greatest resource and our children require the utmost protection to guard their future and the future of this state;
(b)
Child abuse and neglect are a threat to the family unit and impose major expenses on society in addition to the individual and collective damage on the children of this state;
(c)
There is a need to assist private and public agencies in identifying and establishing community-based educational and service programs for the prevention of child abuse and neglect;
(d)
An increase in educational, service and prevention programs will assist in breaking the cycle of child abuse and neglect and will assist in reducing the breakdown of families and thus reduce the need for state assistance and intervention and state expenses; and
(e)
Programs to prevent child abuse and neglect should be partnerships between citizens, local communities and the State of Mississippi.
Laws, 1989, ch. 509, § 2, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 5 - CHILDREN'S TRUST FUND ACT (§§ 93-21-301 — 93-21-311) › Section 93-21-305 - Fund established; source of funds; interest; disbursements; purpose of fund

(1)
There is established in the State Treasury a special fund to be known as the "Mississippi Children's Trust Fund."
(2)
The fund shall consist of any monies appropriated to the fund by the Legislature, any donations, gifts and grants from any source, receipts from the birth certificate fees as provided by subsection (2) of Section
41-57-11
, and any other monies which may be received from any other source or which may be hereafter provided by law.
(3)
Monies in the fund shall be used only for the purposes set forth in Sections
93-21-301
through
93-21-311
. Interest earned on the investment of monies in the fund shall be returned and deposited to the credit of the fund.
(4)
Disbursements of money from the fund shall be on the authorization of the Department of Child Protection Services.
(5)
The primary purpose of the fund is to encourage and provide financial assistance in the provision of direct services to prevent child abuse and neglect.
Laws, 1989, ch. 509, § 3, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 96, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 21 - PROTECTION FROM DOMESTIC ABUSE (§§ 93-21-1 — 93-21-311) › Article 5 - CHILDREN'S TRUST FUND ACT (§§ 93-21-301 — 93-21-311) › Section 93-21-309 - Purposes for which grants or loans may be made from fund

(1)
The Department of Child Protection Services may authorize the disbursement of money in the trust fund in the form of grants or loans for the following purposes, which are listed in order of preference for expenditure:
(a)
To assist a community private, nonprofit organization or a local public organization or agency in the establishment and operation of a program or service for the prevention of child abuse and neglect;
(b)
To assist in the expansion of an existing community program or service for the prevention of child abuse and neglect;
(c)
To assist a community private, nonprofit organization or a local public organization or agency in the establishment and operation of an educational program regarding the problems of child abuse and neglect and the problems of families and children;
(d)
To assist in the expansion of an existing community educational program regarding the problems of child abuse and neglect and the problems of families and children;
(e)
To study and evaluate community-based prevention programs, projects or services and educational programs for the problems of families and children; and
(f)
Any other similar and related programs, projects, services and educational programs that the department declares will implement the purposes and provisions of Sections
93-21-301
through
93-21-311
.
(2)
For the purposes of this section, the term "educational programs" includes instructional and demonstration projects the main purpose of which is to disseminate information and techniques for the prevention of child abuse and neglect and the prevention of problems of families and children.
(3)
No money in the trust fund shall be expended to provide services, counseling or direct assistance for the voluntary termination of any pregnancy.
Laws, 1989, ch. 509, § 5, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 98, eff. 7/1/2023.