Legal Statutes: North Carolina
UPDATED October 19, 2012
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- North Carolina General Statutes (select sections)
- Chapter 1. Civil Procedure
- Chapter 1A. Rules of Civil Procedure
- Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
- Chapter 5A. Contempt
- Article 1. Criminal Contempt
- Chapter 7B. Juvenile Code
- Subchapter IV. Parental Authority; Emancipation
- Chapter 14. Criminal Law
- Subchapter III. Offenses Against the Person
- Article 7A. Rape and Other Sex Offenses
- Article 8. Assaults
- Article 10 - Kidnapping and Abduction
- Article 10A. Human Trafficking
- Subchapter IV. Offenses Against the Habitation and Other Buildings
- Article 14. Burglary and Other Housebreakings.
- Subchapter VI. Criminal Trespass
- Article 22B. First and Second Degree Trespass
- Article 23. Trespasses to Personal Property
- Subchapter VII. Offenses Against Public Morality and Decency
- Article 26. Offenses Against Public Morality and Decency
- Subchapter IX. Offenses Against the Public Peace
- Article 35. Offenses Against the Public Peace
- Subchapter XI. General Police Regulations
- Article 39. Protection of Minors
- Article 40. Protection of the Family
- Article 53B. Firearm Regulation
- Chapter 42. Landlord and Tenant
- Article 5. Residential Rental Agreements
- Chapter 50. Divorce and Alimony
- Article 1. Divorce, Alimony, and Child Support, Generally
- Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act
- Article 2. Uniform Child-Custody Jurisdiction and Enforcement Act
- Chapter 50B. Domestic Violence
- Chapter 50C. Civil No-Contact Orders
- Chapter 52C. Uniform Interstate Family Support Act
- Article 3. Civil Provisions of General Application
- Article 5. Enforcement of Order of Another State Without Registration
- Article 6. Enforcement and Modification of Support Order After Registration
- Part 1. Registration and Enforcement of Support Order
- Part 3. Registration and Modification of Child Support Order
- Chapter 110. Child Welfare
Chapter 50C. Civil No-Contact Orders
back to top50C-8. 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 the extension shall be stated in the temporary order. In case a temporary civil no-contact order is granted without notice and a motion for a permanent civil no-contact order is made, it shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. When the motion for a permanent civil no-contact order comes on for hearing, the complainant may proceed with a motion for a permanent civil no-contact order, and, if the complainant fails to do so, the judge shall dissolve the temporary civil no-contact order. On two days' notice to the complainant or on such shorter notice to that party as the judge may prescribe, the respondent may appear and move its dissolution or modification. In that event the judge shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
(b) A permanent civil no-contact order shall be effective for a fixed period of time not to exceed one year.
(c) Any order may be extended one or more times, as required, provided that the requirements of G.S. 50C-6 or G.S. 50C-7, as appropriate, are satisfied. The court may renew an order, including an order that previously has been renewed, upon a motion by the complainant filed before the expiration of the current order. The court may renew the order for good cause. The commission of an act of unlawful conduct by the respondent after entry of the current order is not required for an order to be renewed. If the motion for extension is uncontested and the complainant seeks no modification of the order, the order may be extended if the complainant's motion or affidavit states that there has been no material change in relevant circumstances since entry of the order and states the reason for the requested extension. Extensions may be granted only in open court and not under the provisions of G.S. 50C-6(d).
(d) Any civil no-contact order expiring on a day the court is not open for business shall expire at the close of the next court business day.
S.L. 2004-194, § 1, eff. Dec. 1, 2004. Amended by S.L. 2006-264, § 41, eff. Aug. 27, 2006.