OF JUDGMENT: 05/30/2018
LAFAYETTE COUNTY CHANCERY COURT, HON. ROBERT Q. WHITWELL
COURT ATTORNEYS: MELTORY DENISE FONDREN CHRISTI R. McCOY
JOSHUA A. TURNER.
ATTORNEY FOR APPELLANT: CHRISTI R. McCOY.
ATTORNEY FOR APPELLEE: JOSHUA A. TURNER.
Nadia Alexis appeals the chancellor's dismissal of her
petition for domestic-abuse protection order and his
assessment of the filing fee to her. Because sufficient
evidence was not presented to support the issuance of a final
domestic-abuse protection order, the trial court's
judgment is affirmed.
AND PROCEDURAL HISTORY
Alexis and Marcus Black met in 2012 at Union College in
Schenectady, New York. In August 2016, Alexis and Black moved
to Oxford, Mississippi, in order for Alexis to pursue a
master of fine arts degree at the University of Mississippi.
They lived together in a one-bedroom apartment from August
2016 to January 2018.
In September 2017, Alexis and Black were discussing
Alexis's family. Alexis felt that Black was being
insensitive and told Black to "shove it." According
to Alexis, Black then walked over to her and "punched
her in the face" with a "closed fist." He then
"grabbed [her] jaw and held on to it."
Black disputes that he punched Alexis but admits that he
"slapped her lightly on the face" with an
"[o]pen hand." Black explained as follows:
I asked her about her - it was Hurricane Irma or something -
I asked her about her cousin or somebody in the family that
was in the path of the hurricane, if they were all right. And
like leading up to that, she had become increasingly like
disgruntled, you know, always, you know, having something
negative or smart to say about everything. So when I asked
her about her cousin that lived in Florida that was in the
path of the hurricane, she told me, oh, go shove it. I was
like, okay, and then I got up and I approached her and I just
slapped her lightly on the face.
asked where he hit Alexis, Black indicated that it was on
"her jaw, her cheek . . . ."
After the incident, Alexis asked Black to move out of the
apartment but "wanted to give him time to leave"
and "[find] somewhere to stay." Alexis set multiple
deadlines for Black to move out of the apartment. But by
January 1, 2018, Black had not moved out, and, according to
Alexis, Black had not made any real attempts to move.
On January 5, 2018, Alexis filed a petition for an emergency
domestic-abuse protection order in justice court, which was
granted. After a hearing on January 11, 2018, a temporary
domestic-abuse protection order was issued though April 11,
On April 2, 2018, Alexis filed a petition for a
domestic-abuse protection order in chancery court and alleged
that Black had "[a]ttempted to cause or intentionally,
knowingly[, ] or recklessly caused bodily injury" to her
and had "placed, by physical menace or threat, [her] in
fear of imminent serious bodily injury." A hearing was
held on May 30, 2018, at which Alexis and Black testified.
Alexis explained that she was seeking ...