Domestic abuse protection orders; revise provision to streamline emergency relief.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins, Seymour

SENATE BILL NO. 2716

AN ACT TO AMEND SECTION 93-21-3, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE DEFINITION OF THE TERM "ABUSE"; TO AMEND SECTION 2
93-21-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHANCERY COURTS TO 3
CONSIDER AND ISSUE EMERGENCY DOMESTIC ABUSE PROTECTION ORDERS; TO 4
AMEND SECTION 93-21-11, MISSISSIPPI CODE OF 1972, TO ESTABLISH 5
SERVICE PROCEDURES FOR EMERGENCY, TEMPORARY, AND FINAL DOMESTIC 6
ABUSE PROTECTION ORDERS; TO AMEND SECTION 93-21-15, MISSISSIPPI 7
CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 93-21-3, Mississippi Code of 1972, is 10
amended as follows: 11
93-21-3. As used in this chapter, unless the context 12
otherwise requires: 13
(a) "Abuse" means the occurrence of one or more of the 14
following acts between spouses, former spouses, persons living as 15
spouses or who formerly lived as spouses, persons having a child 16
or children in common, other individuals related by consanguinity 17
or affinity who reside together or who formerly resided together 18
or between individuals who have a current or former dating 19
relationship: 20
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(i) Attempting to cause or intentionally, 21
knowingly or recklessly causing bodily injury or serious bodily 22
injury with or without a deadly weapon; 23
(ii) Placing, by physical menace, emotional 24
intimidation, or threat, another in fear of imminent serious 25
bodily injury; 26
(iii) Criminal sexual conduct committed against a 27
minor within the meaning of Section 97-5-23; 28
(iv) Stalking within the meaning of Section 29
97-3-107; 30
(v) Cyberstalking within the meaning of Section 31
97-45-15; or 32
(vi) Sexual offenses within the meaning of Section 33
97-3-65 or 97-3-95. 34
"Abuse" does not include any act of self-defense. 35
(b) "Adult" means any person eighteen (18) years of age 36
or older, or any person under eighteen (18) years of age who has 37
been emancipated by marriage. 38
(c) "Court" means the chancery court, justice court, 39
municipal court or county court. 40
(d) "Dating relationship" means a social relationship 41
of a romantic or intimate nature between two (2) individuals; it 42
does not include a casual relationship or ordinary fraternization 43
between two (2) individuals in a business or social context. 44
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Whether a relationship is a "dating relationship" shall be 45
determined by examining the following factors: 46
(i) The length of the relationship; 47
(ii) The type of relationship; and 48
(iii) The frequency of interaction between the two 49
(2) individuals involved in the relationship. 50
(e) "Mutual protection order" means a protection order 51
that includes provisions in favor of both the individual seeking 52
relief and the respondent. 53
SECTION 2. Section 93-21-7, Mississippi Code of 1972, is 54
amended as follows: 55
93-21-7. (1) Any person may seek a domestic abuse 56
protection order for himself by filing a petition alleging abuse 57
by the respondent. Any parent, adult household member, or next 58
friend of the abused person may seek a domestic abuse protection 59
order on behalf of any minor children or any person alleged to be 60
incompetent by filing a petition with the court alleging abuse by 61
the respondent. Cases seeking relief under this chapter shall be 62
priority cases on the court's docket and the judge shall be 63
immediately notified when a case is filed in order to provide for 64
expedited proceedings. 65
(2) A petition seeking a domestic abuse protection order may 66
be filed in any of the following courts: municipal, justice, 67
county or chancery, or a state military court as defined in 68
Section 33-13-151. A chancery court shall not prohibit the filing 69
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of a petition which does not seek emergency relief on the basis 70
that the petitioner did not first seek or obtain temporary relief 71
in another court. A petition requesting emergency relief pending 72
a hearing * * * may be filed in chancery court * * *. The 73
chancery court, where the petition is filed, shall have full 74
jurisdiction to consider and issue emergency relief under this 75
chapter. Nothing in this section shall: 76
(a) Be construed to require consideration of emergency 77
relief by a chancery court; or 78
(b) Preclude a chancery court from entering an order of 79
emergency relief. 80
(3) The petitioner in any action brought pursuant to this 81
chapter shall not bear the costs associated with its filing or the 82
costs associated with the issuance or service of any notice of a 83
hearing to the respondent, issuance or service of an order of 84
protection on the respondent, or issuance or service of a warrant 85
or witness subpoena. If the court finds that the petitioner is 86
entitled to an order protecting the petitioner from abuse, the 87
court shall be authorized to assess all costs including attorney's 88
fees of the proceedings to the respondent. The court may assess 89
costs including attorney's fees to the petitioner only if the 90
allegations of abuse are determined to be without merit and the 91
court finds that the petitioner is not a victim of abuse as 92
defined by Section 93-21-3. 93
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SECTION 3. Section 93-21-11, Mississippi Code of 1972, is 94
amended as follows: 95
93-21-11. (1) Within ten (10) days of the filing of a 96
petition under the provisions of this chapter, the court shall 97
hold a hearing, at which time the petitioner must prove the 98
allegation of abuse by a preponderance of the evidence. 99
(2) The respondent shall be given notice of the filing of 100
any petition and of the date, time and place set for the hearing 101
by personal service of process. A court may conduct a hearing in 102
the absence of the respondent after first ascertaining that the 103
respondent was properly noticed of the hearing date, time and 104
place. 105
(3) (a) All emergency, temporary, and final domestic abuse 106
protection orders issued under this chapter shall be served upon 107
the respondent by: 108
(i) Personal service by a sheriff, deputy sheriff, 109
constable, or certified process server; or 110
(ii) Any alternate method of service authorized 111
under this subsection, when approved by the issuing court. 112
(b) The sheriff of the county in which the respondent 113
resides or may be found shall treat service of domestic abuse 114
protection orders as a priority duty. The sheriff shall attempt 115
service as soon as practicable, but no later than twenty-four (24) 116
hours after receiving the order for service. 117
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(c) If the respondent cannot be located after three (3) 118
diligent attempts at personal service, the issuing court may 119
authorize alternate or substituted service, including: 120
(i) Leaving a copy of the order at the 121
respondent's usual place of abode with a person of suitable age 122
who is at least eighteen (18) years old; 123
(ii) Service by certified mail, return receipt 124
requested; or 125
(iii) Any other method reasonably calculated to 126
give actual notice to the respondent, as approved by the court. 127
Service completed under this paragraph shall be deemed valid for 128
enforcement. 129
(d) The officer or person serving the order shall 130
promptly file with the issuing court a return of service stating 131
the date, time, and method of service. The clerk shall ensure 132
that service information is entered into the Mississippi 133
Protection Order Registry without delay. 134
(e) A copy of the issued protection order shall be 135
electronically transmitted to the sheriff of the county where 136
service is to occur and to any other law-enforcement agency 137
identified in the order. Electronic transmission satisfies the 138
requirement of delivery to law enforcement for enforcement 139
purposes. 140
(f) Failure to complete service does not affect the 141
validity of the protection order; however, the order shall not be 142
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enforceable against the respondent until personal service or 143
court-approved alternate service has been completed. 144
SECTION 4. Section 93-21-15, Mississippi Code of 1972, is 145
amended as follows: 146
93-21-15. (1) (a) After a hearing is held as provided in 147
Section 93-21-11 for which notice and opportunity to be heard has 148
been granted to the respondent, and upon a finding that the 149
petitioner has proved the existence of abuse by a preponderance of 150
the evidence, the municipal * * *, justice, chancery or county 151
courts shall be empowered to grant a temporary domestic abuse 152
protection order to bring about a cessation of abuse of the 153
petitioner, any minor children, or any person alleged to be 154
incompetent. The relief the court may provide includes, but is 155
not limited to, the following: 156
(i) Directing the respondent to refrain from 157
abusing the petitioner, any minor children, or any person alleged 158
to be incompetent; 159
(ii) Prohibiting or limiting respondent's physical 160
proximity to the abused or other household members as designated 161
by the court, including residence and place of work; 162
(iii) Prohibiting or limiting contact by the 163
respondent with the abused or other household members designated 164
by the court, whether in person, by telephone or by other 165
electronic communication; 166
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(iv) Granting possession to the petitioner of the 167
residence or household to the exclusion of the respondent by 168
evicting the respondent or restoring possession to the petitioner, 169
or both; or 170
(v) Prohibiting the transferring, encumbering or 171
otherwise disposing of property mutually owned or leased by the 172
parties, except when in the ordinary course of business. 173
(b) The duration of any temporary domestic abuse 174
protection order issued by a municipal or justice court shall not 175
exceed thirty (30) days. However, if the party to be protected 176
and the respondent do not have minor children in common, the 177
duration of the temporary domestic abuse protection order may 178
exceed thirty (30) days but shall not exceed one (1) year. 179
(c) Procedures for an appeal of the issuance of a 180
temporary domestic abuse protection order are set forth in Section 181
93-21-15.1. 182
(2) (a) After a hearing is held as provided in Section 183
93-21-11 for which notice and opportunity to be heard has been 184
granted to the respondent, and upon a finding that the petitioner 185
has proved the existence of abuse by a preponderance of the 186
evidence, the chancery or county court shall be empowered to grant 187
a final domestic abuse protection order or approve any consent 188
agreement to bring about a cessation of abuse of the petitioner, 189
any minor children, or any person alleged to be incompetent. In 190
granting a final domestic abuse protection order, the chancery or 191
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county court may provide for relief that includes, but is not 192
limited to, the following: 193
(i) Directing the respondent to refrain from 194
abusing the petitioner, any minor children, or any person alleged 195
to be incompetent; 196
(ii) Granting possession to the petitioner of the 197
residence or household to the exclusion of the respondent by 198
evicting the respondent or restoring possession to the petitioner, 199
or both; 200
(iii) When the respondent has a duty to support 201
the petitioner, any minor children, or any person alleged to be 202
incompetent living in the residence or household and the 203
respondent is the sole owner or lessee, granting possession to the 204
petitioner of the residence or household to the exclusion of the 205
respondent by evicting the respondent or restoring possession to 206
the petitioner, or both, or by consent agreement allowing the 207
respondent to provide suitable, alternate housing; 208
(iv) Awarding temporary custody of or establishing 209
temporary visitation rights with regard to any minor children or 210
any person alleged to be incompetent, or both; 211
(v) If the respondent is legally obligated to 212
support the petitioner, any minor children, or any person alleged 213
to be incompetent, ordering the respondent to pay temporary 214
support for the petitioner, any minor children, or any person 215
alleged to be incompetent; 216
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(vi) Ordering the respondent to pay to the abused 217
person monetary compensation for losses suffered as a direct 218
result of the abuse, including, but not limited to, medical 219
expenses resulting from such abuse, loss of earnings or support, 220
out-of-pocket losses for injuries sustained, moving expenses, a 221
reasonable attorney's fee, or any combination of the above; 222
(vii) Prohibiting the transferring, encumbering, 223
or otherwise disposing of property mutually owned or leased by the 224
parties, except when in the ordinary course of business; 225
(viii) Prohibiting or limiting respondent's 226
physical proximity to the abused or other household members 227
designated by the court, including residence, school and place of 228
work; 229
(ix) Prohibiting or limiting contact by the 230
respondent with the abused or other household members designated 231
by the court whether in person, by telephone or by electronic 232
communication; and 233
(x) Ordering counseling or professional medical 234
treatment for the respondent, including counseling or treatment 235
designed to bring about the cessation of domestic abuse. 236
(b) Except as provided below, a final domestic abuse 237
protection order issued by a chancery or county court under the 238
provisions of this chapter shall be effective for such time period 239
as the court deems appropriate. The expiration date of the order 240
shall be clearly stated in the order. 241
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(c) Temporary provisions addressing temporary custody, 242
visitation or support of minor children contained in a final 243
domestic abuse protection order issued by a chancery or county 244
court shall be effective for one hundred eighty (180) days. A 245
party seeking relief beyond that period must initiate appropriate 246
proceedings in the chancery court of appropriate jurisdiction. If 247
at the end of the one-hundred-eighty-day period, neither party has 248
initiated such proceedings, the custody, visitation or support of 249
minor children will revert to the chancery court order addressing 250
such terms that was in effect at the time the domestic abuse 251
protection order was granted. The chancery court in which 252
custody, visitation or support proceedings have been initiated may 253
provide for any temporary provisions addressing custody, 254
visitation or support as the court deems appropriate. 255
(3) Every domestic abuse protection order issued pursuant to 256
this section shall set forth the reasons for its issuance, shall 257
contain specific findings of fact regarding the existence of 258
abuse, shall be specific in its terms and shall describe in 259
reasonable detail the act or acts to be prohibited. No mutual 260
protection order shall be issued unless that order is supported by 261
an independent petition by each party requesting relief pursuant 262
to this chapter, and the order contains specific findings of fact 263
regarding the existence of abuse by each party as principal 264
aggressor, and a finding that neither party acted in self-defense. 265
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(4) The Attorney General, in cooperation with the 266
Mississippi Supreme Court and the Mississippi Judicial College, 267
shall develop standardized forms for temporary and final domestic 268
abuse protection orders. The use of standardized forms in 269
protection order proceedings pursuant to this chapter shall be 270
fully implemented by all courts no later than July 1, 2015. 271
However, in any criminal prosecution or contempt proceeding for a 272
violation of a domestic abuse protection order, it shall not be a 273
defense that the order was not issued on the standardized form. 274
(5) Upon issuance of any protection order by the court, the 275
order shall be entered in the Mississippi Protection Order 276
Registry by the clerk of the court pursuant to Section 93-21-25, 277
and a copy shall be provided to the sheriff's department in the 278
county of the court of issuance. 279
(6) Upon subsequent petition by either party and following a 280
hearing of which both parties have received notice and an 281
opportunity to be heard, the court may modify, amend, or dissolve 282
a domestic abuse protection order previously issued by that court. 283
(7) A domestic abuse protection order issued under this 284
section is effective in this state, in all other states, and in 285
United States territories and tribal lands. A court shall not 286
limit the scope of a protection order to the boundaries of the 287
State of Mississippi or to the boundaries of a municipality or 288
county within the State of Mississippi. 289
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ST: Domestic abuse protection orders; revise
provision to streamline emergency relief.
(8) Procedures for an appeal of the issuance or denial of a 290
final domestic abuse protection order are set forth in Section 291
93-21-15.1. 292
SECTION 5. This act shall take effect and be in force from 293
and after July 1, 2026. 294