State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-19

§19‑19.  Injunctions.

(a)        If the court findsprobable cause to believe the exhibited material to be harmful to minors, andso enters an order, the court may, upon the motion of the district attorney,issue a temporary restraining order against any respondent prohibiting him fromoffering, selling, commercially distributing or disseminating in any mannersuch material to minors or from permitting minors to inspect such material. Notemporary restraining order shall be granted without notice to the respondentsunless it clearly appears from specific facts shown by affidavit or by theverified complaint that one or more of the respondents are engaged in the sale,distribution or dissemination of harmful material to minors and that immediateand irreparable injury to the morals and general welfare of minors in thisState will result before notice can be served and a hearing had thereon.

(b)        Every temporaryrestraining order shall be endorsed with the date and hour of issuance; shallbe filed forthwith in the clerk's office and entered of record; shall definethe injury and state why it is irreparable and why the order was grantedwithout notice; and shall expire by its own terms within such time after entry,not to exceed three days, as the court fixes unless within the time so fixedthe respondent against whom the order is directed consents that it may beextended for a longer period.

(c)        In the event that atemporary restraining order is granted without notice, a motion for apreliminary injunction shall be set down for hearing within two days after thegranting of such order and shall take precedence over all matters except oldermatters of the same character; and when the motion comes on for hearing, thedistrict attorney shall proceed with the application for a preliminaryinjunction and, if he does not do so, the court shall dissolve the restrainingorder.

(d)        No preliminaryinjunction shall be issued without at least two  days' notice to therespondents. (1969, c. 1215, s. 1; 1971, c. 528, s. 8; 1973, c. 47,s. 2.)