North Carolina · statute · N.C. Gen. Stat. ch. 50C · 11 active provisions
Definitions. The following definitions apply in this Chapter: (1) Abuse. - To physically or mentally harm, harass, intimidate, or interfere with the personal liberty of another. (2) Civil no-contact order. - An order granted under this Chapter, which includes a remedy authorized by G.S. 50C-5. (3) Nonconsensual. - A la…
Commencement of action; filing fees not permitted; assistance. (a) An action is commenced under this Chapter by filing a verified complaint for a civil no-contact order in district court or by filing a motion in any existing civil action, by any of the following: (1) A person who is a victim of unlawful conduct that oc…
Process for action for no-contact order. (a) Any action for a civil no-contact order requires that a summons be issued and served. The summons issued pursuant to this Chapter shall require the respondent to answer within 10 days of the date of service. Attachments to the summons shall include the complaint for the civi…
Hearsay exception. In proceedings for an order or prosecutions for violation of an order under this Chapter, the prior sexual activity or the reputation of the victim is inadmissible except when it would be admissible in a criminal prosecution under G.S. 8C, Rule 412. (2004-194, s. 1.)
Civil no-contact order; remedy. (a) Upon a finding that the victim has suffered unlawful conduct committed by the respondent, the court may issue temporary or permanent civil no-contact orders as authorized in this Chapter. In determining whether or not to issue a civil no-contact order, the court shall not require phy…
Temporary civil no-contact order; court holidays and evenings. (a) A temporary civil no-contact order may be granted ex parte, without evidence of service of process or notice, only if both of the following are shown: (1) It clearly appears from specific facts shown by a verified complaint or affidavit that immediate i…
Permanent civil no-contact order. Upon a finding that the victim has suffered an act of unlawful conduct committed by the respondent, a permanent civil no-contact order may issue if the court additionally finds that process was properly served on the respondent, the respondent has answered the complaint and notice of h…
Duration; extension of orders. (a) A temporary civil no-contact order shall be effective for not more than 10 days as the court fixes, unless within the time so fixed the temporary civil no-contact order, for good cause shown, is extended for a like period or a longer period if the respondent consents. The reasons for…
Notice of orders. (a) The clerk of court shall deliver on the same day that a civil no-contact order is issued, a certified copy of that order to the sheriff. (b) If the respondent was not present in court when the order was issued, the respondent may be served in the manner provided for service of process in civil pro…
Violation. A knowing violation of an order entered pursuant to this Chapter is punishable by civil or criminal contempt as provided in Chapter 5A of the General Statutes. (2004-194, s. 1; 2015-25, s. 1.)
Remedies not exclusive. The remedies provided by this Chapter are not exclusive but are additional to other remedies provided under law. (2004-194, s. 1.)