State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-2_3

§ 19‑2.3.  Temporaryorder restraining removal of personal property from premises; service;punishment.

Where such application for apreliminary injunction is made, the court may, on application of thecomplainant showing good cause, issue an ex parte temporary restraining orderin accordance with G.S. 1A‑1, Rule 65(b), preserving the status quo andrestraining the defendant and all other persons from removing or in any mannerinterfering with any evidence specifically described, or in any manner removingor interfering with the personal property and contents of the place where suchnuisance is alleged to exist, until the decision of the court granting orrefusing such preliminary injunction and until further order of the courtthereon. Nothing herein shall be interpreted to allow the prior restraint ofthe distribution of any matter or the sale of the stock in trade, but aninventory and full accounting of all business transactions involving allegedobscene or lewd matter thereafter shall be required. The inventory provisionsprovided by this section shall not apply to nuisances occurring at a privatedwelling place unless the court finds the private dwelling place is used forprofit.

Any person, firm, orcorporation enjoined pursuant to this section may file with the court a motionto dissolve any temporary restraining order. Such a motion shall be heardwithin 24 hours of the time a copy of the motion is served on the complainingparty, or on the next day the superior courts are open in the district, whicheveris later. At such hearing the complaining party shall have the burden ofshowing why the restraining order should be continued.

In the event a temporaryrestraining order is issued, it may be served in accordance with the provisionsof G.S. 1A‑1, Rule 4, or may be served by handing to and leaving a copyof such order with any person in charge of such place or residing therein, orby posting a copy thereof in a conspicuous place at or upon one or more of theprincipal doors or entrances to such place, or by such service under said Rule4, delivery and posting. The officer serving such temporary restraining ordershall forthwith enter upon the property and make and return into court aninventory of the personal property and contents situated in and used in conductingor maintaining such nuisance.

Any violation of suchtemporary restraining order is a contempt of court, and where such order isposted, mutilation or removal thereof, while the same remains in force, is acontempt of court, provided such posted order contains therein a notice to thateffect. (1977, c. 819, s. 4; 1999‑371, s. 6.)