North Carolina · statute · N.C. Gen. Stat. ch. 50D · 11 active provisions
Definitions. The following definitions apply in this Chapter: (1) Human trafficking offense. - Any criminal offense under Article 10A of Chapter 14 of the General Statutes that is not a sex offense. (1a) Permanent civil no-contact order. - A permanent injunction that prohibits any contact by a respondent with the victi…
Commencement of action; filing fees not permitted; assistance. (a) An action is commenced under this Chapter by filing a verified complaint for a permanent 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 the victim of a human traf…
Process for action for permanent civil no-contact order. (a) Any action for a permanent 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…
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. (2015-91, s. 1.)
Remedy. (a) If the court finds all of the following, the court may issue a permanent civil no-contact order: (1) The respondent was convicted of committing a human trafficking offense or sex offense against the victim. (2) The victim did not seek a permanent no-contact order under G.S. 15A-1340.50. (3) Reasonable groun…
Duration. A permanent civil no-contact order issued pursuant to this Chapter remains effective for the lifetime of the respondent. (2015-91, s. 1.)
Notice of orders. (a) The clerk of court shall deliver, on the same day that a permanent 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 i…
Enforcement. A victim may file a motion for contempt for violation of an order entered pursuant to this Chapter. (2015-91, s. 1.)
Rescission. At any time after the issuance of the order, the victim may make a motion to rescind the permanent no-contact order. If the court determines that reasonable grounds for the victim to fear any future contact with the respondent no longer exist, the court may rescind the permanent no-contact order. (2015-91,…
Violation. (a) A person who knowingly violates an order entered pursuant to this Chapter is guilty of a Class A1 misdemeanor. (b) A permanent civil no-contact order entered pursuant to this Chapter shall be enforced by all North Carolina law enforcement agencies without further order of the court. A law enforcement off…
Remedies not exclusive. The remedies provided by this Chapter are not exclusive but are additional to other remedies provided under law. (2015-91, s. 1.)