Monday, March 6, 2017

Gipson amendment clarifies divorce law

Rep. Andy Gipson issued the following statement .
REPRESENTATIVE ANDY GIPSON OFFERS AMENDMENT TO CLARIFY DIVORCE LAW REGARDING DOMESTIC VIOLENCE

JACKSON – The law regarding domestic violence as grounds for divorce was clarified through an amendment offered by Representative Andy Gipson in the Mississippi House of Representatives today.

The amendment was added to Senate Bill 2680, which clarifies alternative relatives that may care for abused and neglected children. The amendment aims to define what the divorce statute "habitual cruel and inhuman treatment" entails. The amendment says that this could include abusive physical conduct, either threatened or attempted, or abusive non-physical conduct, including threats, intimidation, emotional or verbal abuse.

The measure allows for divorce to be granted after the testimony of one or more credible witnesses, any of whom may be the victim.

"I am very pleased that the Mississippi House of Representatives has adopted a set of clear evidentiary guidelines on the important issue of domestic abuse divorce," said Gipson. "These guidelines will provide real and immediate help to domestic violence victims, as well as assistance to judges statewide as they consider domestic abuse divorce cases."

Gipson pointed out that the real problem was that precedent set in previous cases to protect victims of domestic violence was not being applied by courts in a consistent manner.

"We recognize there has been a lack of uniform application of the law from county to county by judges who may, for whatever reason, choose to interpret and apply the law differently," said Gipson. "Our amendment made to Senate Bill 2680 directly addresses this underlying problem."

Gipson said he would specifically like to thank the Mississippi Center for Violence Prevention and Executive Director Sandy Middleton for their assistance in working with legislators toward this solution, as well as Speaker Gunn and the several House members who took an interest in working together to draft this amendment.

The amendment passed by a voice vote and Senate Bill 2680 passed by a vote of 118-0.


Sent from my BlackBerry 10 smartphone.



32 comments:

Anonymous said...

That should have passed last year.

Damn shame someone had to drag him kicking and screaming on this one! SMH

Anonymous said...

(1.) He's a big Baptist in Rankin County.
He's against the Lottery (let all neighboring state get lottery money from Mississippi) to supports their school system.
(2.) He doesn't believe in divorce. Let abused spouses suffer in silence.
Yes, Rankin county is as red neck as you can get.

Anonymous said...

So this was always about accounting for the situation where the "victim" is responsible for self-inflicting the "evidence of abuse." Requiring "credible witnesses" is the solution?

Anonymous said...

When you pass a measure 118-0, it carries more weight.

Anonymous said...

4:16 which law school did you go to?
KF when are you going to post about Jackson Water. Don't trust any of these fake news sites like the CL

Lets set the record straight here said...

This is not the same bill as the one that carried 118-0. This is not the one that was a duplication of the existing law. This is not a new law that didn't change existing law.

This bill - amendment to the original bill - equalizes the evidence necessary in the different chancery courts of this state. Currently what will get you an immediate divorce in some courts for DV will not get you into the courtroom in others. And it takes care of the difference in jurisdictional evidence in criminal courts as well.

As much as the JJ audience constantly comments on the difference in going to court in Rankin County circuit vs Hinds County circuit, you ought to get this. Well folks, the same thing has been happening for decades in the chancery courts. What Gipson has done here is to solve the evidence problems that some chancellors tend to require. But it doesn't automatically make a charge of assault be enough on its own - which, for the record, I am against doing. Have seen too many claims of assault just because someone got within five feet of the one wanting to complain.

Anonymous said...

I'm against the lottery, too. It's a bad idea. You have the state government running radio, TV and billboard ads convincing people to piss away their money on a crock of sh*t dream. At least with casinos you have a private business running that line of crap, but the government doesn't need to be urging citizens to throw away their cash on nothing but a long shot.

I've always been proud that Mississippi hasn't fallen for the snake oil of the lottery. You can take that tired old "for the children" excuse back to crazytown. They've trotted that out for everything from legalizing liquor sales to increasing sales tax, and the schools NEVER get better. They just dump it in the general fund and spend it on beef plants and other crap.

When they pushed riverboat gambling through, we were told that schools would be funded for decades. It's a lie, with a capital F.

I urge you to visit a Mississippi casino and see who is throwing their money down that rat hole. It ain't Onassis. It's grandma and grandpa and Billy Bob spending his disability and LaKeisha using her AFDC. The last thing we need is a lottery to suck away the final bit of money the people of the state have. It's the scam of the century and 46 states have fallen for it. I hope we steer clear of it.

Anonymous said...

I still don't trust Andy Gipson to look after the interests of women except when forced to as in this case by an overwhelming outcry. Andy needs to be kicked to the curb by the good people of Braxton who surely must be embarrassed by him by now.

Anonymous said...

Many of you owe the man an apology.

Anonymous said...

I have next to zero knowledge regarding divorce and the applicable laws, but can someone explain why states make it necessary for individuals to cite "grounds" for dissolving a marriage?
I understand that the reasons for the breakdown of the marriage could influence how the judge views division of assets and custody issues, but why not treat that as a separate issue? Why shouldn't one spouse just be able to file the paperwork and obtain a divorce, after the reasonable "cooling off" period?

Anonymous said...

Ha Ha Ha. The Religious Right just got screwed. This bill eliminates the requirement that claims of physical abuse, attempted physical abuse and even “menace” be habitual. Once time will do it.

That effectively implements no fault divorce. Also, clear and convincing proof will never be required since corroboration (like a photo of something that is broken or something lying on the floor which was allegedly thrown) is easy to come up with. My guess is somebody threatened to “abuse” Gipson and it worked. I wonder what they have on him.

Anonymous said...

Only dishonest trash gets divorced.

Anonymous said...

Andy Gipson could have been governor back in 1940-1959.

Anonymous said...

Geezus Grist we rode his ayuz and he listn'd. Keeb geddin on iz tale.

Anonymous said...

Glad to hear that Ward Cleaver had a change of heart.

Anonymous said...

Hey 4:08 pm,
If you are going to run your mouth why not check on the facts before you spout. Representative Gibson is in Simpson County, not Rankin but I would not expect a denizen of Jackustan to know any better. Stay over in your ghetto and quit running your mouth about things which you know nothing about!

Anonymous said...

Gipson did not address the part of the bill which affects far more people than the abuse provisions. There are thousands of us stuck in bad marriages because one of tho other spouse will not agree to a divorce. There was a provision in the original bill to introduce a two year separation as an additional ground for divorce. Certainly the physical abuse provision is the more appealing one, however, far more lives are being ruined by not allowing divorce after a lengthy separation. It still has a long way to go for our marriage laws to enter the 21st century.....thanks Andy for a half assed effort!!

Anonymous said...

@ 4:58pm

Damn Speaker Dunn, didn't know you were a troglodyte too?

"I'm against the lottery, too. It's a bad idea. You have the state government running radio, TV and billboard ads convincing people to piss away their money on a crock of sh*t dream..........................I've always been proud that Mississippi hasn't fallen for the snake oil of the lottery. You can take that tired old "for the children" excuse back to crazytown."

So you are totally fine with Mississippi dollars being expatriated to neighboring states - in other words Mississippi residents are spending their money in Louisiana, Tennessee, Arkansas, and soon Alabama, to play lottery!? That's a precarious position. Mississippi is losing money $3:$1

"I urge you to visit a Mississippi casino and see who is throwing their money down that rat hole."

If you were so concerned about the poor - you would have pushed for Medicaid expansion so more people could have health coverage; you would have pushed for tax free groceries; you would have pushed for elimination of income taxes for Mississippians making under $40,000 a year.

We are our own worse enemy in this state. SMH

Anonymous said...

Bunch a people that are not abusers will now be labled ABUsER

Anonymous said...

"I dun like lottery. People be throwin' away their money."

You do you.

Why don't you let grown-ass people decide how they want to live their lives.

The "no lottery" logic is equivalent to the old "we can't raise alcohol content for beer because people will die"... yet you can buy everclear at the liquor store. Thank God times changed. The thinking in this state can be very backwards.

We have gambling in Mississippi. It is legal. We should have all facets of gambling... from lottery to sports book.

If you don't like it... don't go to casino and don't buy a lottery ticket.

Anonymous said...

Lottery? in Mississippi? to fund schools/education?

Wasn't that the sales-pitch for the casinos?

Grown-ass person said...

@2:45

Dear Imbecile.

I don't know who you think I am, but you seem convinced that I'm a member of the Legislature. For the record, the only political capacity I have is that of voter.

I do not buy this argument that Mississippi is losing significant money to other states on the lottery. Yes, there are some who drive to Louisiana to dump their money down a rat hole, but most people don't. I'd like to see documentation of your 3:1 ratio, or did you just pull it out of your ass?

We can institute a lottery and all that will happen is the indigent will become more dependent upon the government teat. A few people will win some cash and will be lauded as proof of the lottery making dreams come true. However, thousands will spend their money on nothing, and the government will be promoting this irresponsible behavior through ad campaigns and slogans like "you can't win if you don't play!"

The lottery is a sucker's bet and that tired old argument of our money going out of state is bullsh*t. Let me ask you this, genius. How much out of state money do our casinos bring into the state, especially compared to money from state residents? I'd say your 3:1 ratio holds true, because the few times I visit a Mississippi casino, the car tags in the parking lot are pretty much 3 Mississippi to 1 out of state.

The arguments I hear for the lottery amount to 1) we're losing money to other states, 2) we need it to help our schools, and 3) everyone else does it. My responses are 1) that amount is negligible compared to the increase in social services we'll certainly have, 2) how many more times will that same lie be used, and 3) if everyone jumped off the Empire State Building...

I have yet to see one solid, respectable argument for instituting a lottery, and the responses in this thread underscore that.

And nice to see Ray Ray from the Skybox take a break from selling daiquiris out of the trunk of his Bentley to make a plea for "grown-ass people". Eloquence always, Ray.

Anonymous said...

10:14 Oh i'm sorry is this Brandon Jambalaya?

Anonymous said...

A lottery is nothing more than a voluntary tax ... and a regressive tax at that. A lottery is a "safe" way to raise taxes. It's $40 million in annual tax revenue found in the ditch for legislators looking at a huge budget hole. And like a dog to vomit, you can bet your sweet ass those suckers will go for it.

Anonymous said...

"You do you"

Would someone please explain to me WTF that means? Is that some hip hop lingo or some prison yard slang? Is it like "fo shizzle" or "jus' chillin'" or "they BEGGING me to bring da Skybox to Madison"?

Sorry, but I'm not uneducated enough to get it.

Anonymous said...

10:51 You have an excellent point: Gipson did not address the need for a law that allows a divorce after a long separation and a marriage is truly over for at least one of the parties. Matters of property and children are separate issues that the Chancellor can deal with, but no one should be a slave of a bad marriage partner. People should be treated by the Courts as adults. Gipson needs to address your point.

Anonymous said...

How does he explain this in prayer?

Anonymous said...

@ Fat-Ass Person

"I have yet to see one solid, respectable argument for instituting a lottery, and the responses in this thread underscore that."

Bull-ogna! There have been plenty of examples and reasons. The Mississippi mentality is regressive and self defeating. Always want to be the smartest person in the room, but end up being the dunce in the corner instead!?

You'll be perfectly fine, when Alabama passes a lottery and eliminates their grocery tax this session too.

Just imagine Mississippi residents from Tishomingo, Ittawamba, Monroe, Lowndes, Noxubee, Kemper, Lauderdale, Clarke, Wayne, Greene, George and Jackson County's spending money in Alabama because groceries and take their chances at the lottery.

Mississippians are their own worse enemy. The question is: how bad do things have to get before you will do something about it? Your head can't go any deeper in the sand, before you will come up for reality? SMH

Herpity Derpity DERP said...

Can we legalize weed while we're at it? Just imagine all the money we're losing to Colorado from the potheads fleeing there to ski and get high. And surely they play the lottery while they're at it.

Look, we're the bottom state economically, so let's go balls to the wall! We'll legalize a lottery, horse racing, sports bookmaking, and betting on election outcomes. We can lower the drinking age to 17 and legalize marijuana to appeal to the college-aged spring break crowd. Imagine all the money we'll make from plastered college kids!

And how about making prostitution legal? You know, there are a lot of people in Tishomingo and Itawamba Counties that travel to Alabama for a quick one. We need to keep those dollars in the state! There's no better way to revitalize the Highway 80 corridor than to allow those motels to do their business legally. Are you so regressive that you don't want the city to flourish?

We are our own worst enemy. If those Christians would just loosen up we could get really progressive in this state, but they're the ones who are preventing Mississippi from becoming economically strong.

SMH

Snake Oil! Two Bucks A Bottle! said...

I agree about money leaving the state. Just look at Memphis city schools. They are palaces! Castles in the sky! Dream facilities! All because of the lottery money that people in DeSoto County spend on Tennessee Lottery tickets.

Look at the schools of New Orleans, Baton Rouge, Birmingham, Mobile! We could have schools like that if we'd just pass a lottery. You can see what a state lottery has done for education in THOSE states!

Anonymous said...

@ Dirty Herpes Simplex 30

Your condescending backwoods attitude is duly noted - however with a state like ours, where unemployment is hovering at the 7% mark and the rest of nation is @ 4.9%, legalizing hemp would be beneficial to the state as a job creator. With hemp you can produce strong writing paper, there's actually hempcrete that is beneficial to weather resistant building materials for homes and other facilities, as well as producing medical oils for people that have seizures.

Lowering the drinking age to 18 should have happened years ago, if you can go off to war, you should be able to drink legally.

As far as prostitution, wouldn't you want to make sure providers were protected and didn't have to hide their activities. Its in the best interest of the public health, considering how Mississippi has on of the highest rate of sexually transmitted diseases in the country. By making providers get licensed, maintain regular health checks - you are eliminating the illegal element.

But you faux Christians do it in the dark anyway, so nice try.

@ Snake Oil - yo' momma is on $2 welfare

You named New Orleans, Baton Rouge, Mobile, Birmingham, Mobile (why you named Birmingham and Mobile is beyond me, because Alabama does not have a lottery yet)

But you did not name Florida, Georgia, Connecticut, Massachusetts - four states that have a state lottery and participate in the powerball and megamillion system - three of the aforementioned states are ranked in the top 5 in the nation and one is in the top 25. Florida school system is ranked #4, Georgia is #21, Connecticut is #2, and Massachusetts is #5. No problems with public education funding, no issues with their roads or infrastructure.

Here's another funny tidbit - the top #25 states with good schools, every single one of them have a lottery!

Yep, the lottery has done wonders for people in THOSE states. In other states, they are like Mississippi, they let their legislators do whatever and then wonder why they keep coming up short!

Anonymous said...

http://www.telegraph.co.uk/expat/life/mississippi-madness-expat-life-in-americas-weirdest-state/

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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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