State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50C > GS_50C-8

§ 50C‑8.  Duration;extension of orders.

(a)        A temporary civilno‑contact order shall be effective for not more than 10 days as thecourt fixes, unless within the time so fixed the temporary civil no‑contactorder, for good cause shown, is extended for a like period or a longer periodif the respondent consents. The reasons for the extension shall be stated inthe temporary order. In case a temporary civil no‑contact order isgranted without notice and a motion for a permanent civil no‑contactorder is made, it shall be set down for hearing at the earliest possible timeand takes precedence over all matters except older matters of the samecharacter. When the motion for a permanent civil no‑contact order comeson for hearing, the complainant may proceed with a motion for a permanent civilno‑contact order, and, if the complainant fails to do so, the judge shalldissolve the temporary civil no‑contact order. On two days' notice to thecomplainant or on such shorter notice to that party as the judge may prescribe,the respondent may appear and move its dissolution or modification. In thatevent the judge shall proceed to hear and determine such motion asexpeditiously as the ends of justice require.

(b)        A permanent civilno‑contact order shall be effective for a fixed period of time not toexceed one year.

(c)        Any order may beextended 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 mayrenew an order, including an order that previously has been renewed, upon amotion by the complainant filed before the expiration of the current order. Thecourt may renew the order for good cause. The commission of an act of unlawfulconduct by the respondent after entry of the current order is not required foran order to be renewed. If the motion for extension is uncontested and thecomplainant seeks no modification of the order, the order may be extended ifthe complainant's motion or affidavit states that there has been no materialchange in relevant circumstances since entry of the order and states the reasonfor the requested extension. Extensions may be granted only in open court andnot under the provisions of G.S. 50C‑6(d).

(d)        Any civil no‑contactorder expiring on a day the court is not open for business shall expire at theclose of the next court business day. (2004‑194, s. 1; 2006‑264, s. 41.)