Statutes: Mississippi

93-21-5. Jurisdiction; right to relief; venue; record

Currentness

(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.