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    Mississippi Predominant/Dominant Aggressor Law

    MS Code § 99-3-7 (2019)

    (b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor which is an act of domestic violence as defined herein, or if two (2) or more persons make complaints to the officer, the officer shall attempt to determine who was the principal aggressor. The term principal aggressor is defined as the party who poses the most serious ongoing threat, or who is the most significant, rather than the first, aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the principal aggressor. If the officer affirmatively finds more than one (1) principal aggressor was involved, the officer shall document those findings.

    (c) To determine who is the principal aggressor, the officer shall consider the following factors, although such consideration is not limited to these factors:

    (i) Evidence from the persons involved in the domestic abuse;

    (ii) The history of domestic abuse between the parties, the likelihood of future injury to each person, and the intent of the law to protect victims of domestic violence from continuing abuse;

    (iii) Whether one (1) of the persons acted in self-defense; and

    (iv) Evidence from witnesses of the domestic violence

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