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Section 93-21-3 – Definitions

May 13, 2021 | Family Law, Mississippi

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.

Miss. Code § 93-21-3

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.