As Amended
SEC. 93-21-13. Ex parte proceedings; temporary relief; amending order; enforcement of orders from other jurisdictions; order to set forth findings of fact and provide details of acts restrained.
(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 protection order * * * issued by a tribunal of another state 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 in this state as provided for in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(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 specific in its terms and shall describe in reasonable detail the act or acts to be restrained.
SOURCES: Laws, 1981, ch. 429, Sec. 7; 1989, ch. 353, Sec. 2, eff from and after July 1, 1989. Laws, 1995, ch. 320, Sec. 1; 1995, ch. 569, Sec. 2, eff from and after July 1, 1995; Laws, 1998, Ch. 471, § 2, HB 218; Laws, 2002, ch. 337, § 1, SB 2409; Laws, 2004, ch. 566, § 10, SB 2992, eff from and after July 1, 2004.
PREVIOUS VERSIONS: Pre-2004