2010 Mississippi Code
TITLE 93 - DOMESTIC RELATIONS
Chapter 21 - Protection from Domestic Abuse.
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.

§ 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. However, a petition for a domestic abuse protection order that includes a request for emergency relief pending a hearing shall not be initiated in the chancery court. All petitions requesting emergency relief pending a hearing must be filed in the municipal, justice or county court. 

(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. 

(4)  Nothing in this section shall be construed to require that the filing of a petition for relief in the municipal, justice or county court is a prerequisite to initiating an action in the chancery court except when seeking emergency relief as provided in this section. Nothing in this section shall preclude a chancery court from entering an order of emergency relief when deemed necessary by the court under the circumstances. 
 

Sources: 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, eff from and after July 1, 2009.