State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-4

§ 50B‑4.  Enforcement oforders.

(a)        A party may file amotion for contempt for violation of any order entered pursuant to thisChapter. This party may file and proceed with that motion pro se, using formsprovided by the clerk of superior court or a magistrate authorized under G.S.50B‑2(c1). Upon the filing pro se of a motion for contempt under thissubsection, the clerk, or the authorized magistrate, if the facts show clearlythat there is danger of acts of domestic violence against the aggrieved party ora minor child and the motion is made at a time when the clerk is not available,shall schedule and issue notice of a show cause hearing with the district courtdivision of the General Court of Justice at the earliest possible date pursuantto G.S. 5A‑23. The Clerk, or the magistrate in the case of notice issuedby the magistrate pursuant to this subsection, shall effect service of themotion, notice, and other papers through the appropriate law enforcement agencywhere the defendant is to be served.

(b)        Repealed by SessionLaws 1999‑23, s. 2, effective February 1, 2000.

(c)        A valid protectiveorder entered pursuant to this Chapter shall be enforced by all North Carolinalaw enforcement agencies without further order of the court.

(d)        A valid protectiveorder entered by the courts of another state or the courts of an Indian tribeshall be accorded full faith and credit by the courts of North Carolina whetheror not the order has been registered and shall be enforced by the courts andthe law enforcement agencies of North Carolina as if it were an order issued bya North Carolina court. In determining the validity of an out‑of‑stateorder for purposes of enforcement, a law enforcement officer may rely upon acopy of the protective order issued by another state or the courts of an Indiantribe that is provided to the officer and on the statement of a personprotected by the order that the order remains in effect. Even thoughregistration is not required, a copy of a protective order may be registered inNorth Carolina by filing with the clerk of superior court in any county a copyof the order and an affidavit by a person protected by the order that to thebest of that person's knowledge the order is presently in effect as written.Notice of the registration shall not be given to the defendant. Uponregistration of the order, the clerk shall promptly forward a copy to thesheriff of that county. Unless the issuing state has already entered the order,the sheriff shall provide for prompt entry of the order into the National CrimeInformation Center registry pursuant to G.S. 50B‑3(d).

(e)        Upon application ormotion by a party to the court, the court shall determine whether an out‑of‑stateorder remains in full force and effect.

(f)         The term"valid protective order," as used in subsections (c) and (d) of thissection, shall include an emergency or ex parte order entered under thisChapter.  (1979,c. 561, s. 1; 1985, c. 113, s. 4; 1987, c. 739, s. 6; 1989, c. 461, s. 2; 1994,Ex. Sess., c. 4, s. 3; 1995 (Reg. Sess., 1996), c. 591, s. 3; 1999‑23, s.2; 2002‑126, s. 29A.6(c); 2003‑107, s. 3; 2009‑342, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-4

§ 50B‑4.  Enforcement oforders.

(a)        A party may file amotion for contempt for violation of any order entered pursuant to thisChapter. This party may file and proceed with that motion pro se, using formsprovided by the clerk of superior court or a magistrate authorized under G.S.50B‑2(c1). Upon the filing pro se of a motion for contempt under thissubsection, the clerk, or the authorized magistrate, if the facts show clearlythat there is danger of acts of domestic violence against the aggrieved party ora minor child and the motion is made at a time when the clerk is not available,shall schedule and issue notice of a show cause hearing with the district courtdivision of the General Court of Justice at the earliest possible date pursuantto G.S. 5A‑23. The Clerk, or the magistrate in the case of notice issuedby the magistrate pursuant to this subsection, shall effect service of themotion, notice, and other papers through the appropriate law enforcement agencywhere the defendant is to be served.

(b)        Repealed by SessionLaws 1999‑23, s. 2, effective February 1, 2000.

(c)        A valid protectiveorder entered pursuant to this Chapter shall be enforced by all North Carolinalaw enforcement agencies without further order of the court.

(d)        A valid protectiveorder entered by the courts of another state or the courts of an Indian tribeshall be accorded full faith and credit by the courts of North Carolina whetheror not the order has been registered and shall be enforced by the courts andthe law enforcement agencies of North Carolina as if it were an order issued bya North Carolina court. In determining the validity of an out‑of‑stateorder for purposes of enforcement, a law enforcement officer may rely upon acopy of the protective order issued by another state or the courts of an Indiantribe that is provided to the officer and on the statement of a personprotected by the order that the order remains in effect. Even thoughregistration is not required, a copy of a protective order may be registered inNorth Carolina by filing with the clerk of superior court in any county a copyof the order and an affidavit by a person protected by the order that to thebest of that person's knowledge the order is presently in effect as written.Notice of the registration shall not be given to the defendant. Uponregistration of the order, the clerk shall promptly forward a copy to thesheriff of that county. Unless the issuing state has already entered the order,the sheriff shall provide for prompt entry of the order into the National CrimeInformation Center registry pursuant to G.S. 50B‑3(d).

(e)        Upon application ormotion by a party to the court, the court shall determine whether an out‑of‑stateorder remains in full force and effect.

(f)         The term"valid protective order," as used in subsections (c) and (d) of thissection, shall include an emergency or ex parte order entered under thisChapter.  (1979,c. 561, s. 1; 1985, c. 113, s. 4; 1987, c. 739, s. 6; 1989, c. 461, s. 2; 1994,Ex. Sess., c. 4, s. 3; 1995 (Reg. Sess., 1996), c. 591, s. 3; 1999‑23, s.2; 2002‑126, s. 29A.6(c); 2003‑107, s. 3; 2009‑342, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-4

§ 50B‑4.  Enforcement oforders.

(a)        A party may file amotion for contempt for violation of any order entered pursuant to thisChapter. This party may file and proceed with that motion pro se, using formsprovided by the clerk of superior court or a magistrate authorized under G.S.50B‑2(c1). Upon the filing pro se of a motion for contempt under thissubsection, the clerk, or the authorized magistrate, if the facts show clearlythat there is danger of acts of domestic violence against the aggrieved party ora minor child and the motion is made at a time when the clerk is not available,shall schedule and issue notice of a show cause hearing with the district courtdivision of the General Court of Justice at the earliest possible date pursuantto G.S. 5A‑23. The Clerk, or the magistrate in the case of notice issuedby the magistrate pursuant to this subsection, shall effect service of themotion, notice, and other papers through the appropriate law enforcement agencywhere the defendant is to be served.

(b)        Repealed by SessionLaws 1999‑23, s. 2, effective February 1, 2000.

(c)        A valid protectiveorder entered pursuant to this Chapter shall be enforced by all North Carolinalaw enforcement agencies without further order of the court.

(d)        A valid protectiveorder entered by the courts of another state or the courts of an Indian tribeshall be accorded full faith and credit by the courts of North Carolina whetheror not the order has been registered and shall be enforced by the courts andthe law enforcement agencies of North Carolina as if it were an order issued bya North Carolina court. In determining the validity of an out‑of‑stateorder for purposes of enforcement, a law enforcement officer may rely upon acopy of the protective order issued by another state or the courts of an Indiantribe that is provided to the officer and on the statement of a personprotected by the order that the order remains in effect. Even thoughregistration is not required, a copy of a protective order may be registered inNorth Carolina by filing with the clerk of superior court in any county a copyof the order and an affidavit by a person protected by the order that to thebest of that person's knowledge the order is presently in effect as written.Notice of the registration shall not be given to the defendant. Uponregistration of the order, the clerk shall promptly forward a copy to thesheriff of that county. Unless the issuing state has already entered the order,the sheriff shall provide for prompt entry of the order into the National CrimeInformation Center registry pursuant to G.S. 50B‑3(d).

(e)        Upon application ormotion by a party to the court, the court shall determine whether an out‑of‑stateorder remains in full force and effect.

(f)         The term"valid protective order," as used in subsections (c) and (d) of thissection, shall include an emergency or ex parte order entered under thisChapter.  (1979,c. 561, s. 1; 1985, c. 113, s. 4; 1987, c. 739, s. 6; 1989, c. 461, s. 2; 1994,Ex. Sess., c. 4, s. 3; 1995 (Reg. Sess., 1996), c. 591, s. 3; 1999‑23, s.2; 2002‑126, s. 29A.6(c); 2003‑107, s. 3; 2009‑342, s. 4.)

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