§ 5A-23. Proceedings for civil contempt.
§5A‑23. Proceedings for civil contempt.
(a) Proceedings forcivil contempt are by motion pursuant to G.S. 5A‑23(a1), by the order ofa judicial official directing the alleged contemnor to appear at a specifiedreasonable time and show cause why he should not be held in civil contempt, orby the notice of a judicial official that the alleged contemnor will be held incontempt unless he appears at a specified reasonable time and shows cause whyhe should not be held in contempt. The order or notice must be given at leastfive days in advance of the hearing unless good cause is shown. The order ornotice may be issued on the motion and sworn statement or affidavit of one withan interest in enforcing the order, including a judge, and a finding by thejudicial official of probable cause to believe there is civil contempt.
(a1) Proceedings forcivil contempt may be initiated by motion of an aggrieved party giving noticeto the alleged contemnor to appear before the court for a hearing on whetherthe alleged contemnor should be held in civil contempt. A copy of the motionand notice must be served on the alleged contemnor at least five days inadvance of the hearing unless good cause is shown. The motion must include asworn statement or affidavit by the aggrieved party setting forth the reasonswhy the alleged contemnor should be held in civil contempt. The burden of proofin a hearing pursuant to this subsection shall be on the aggrieved party.
(b) Except when theGeneral Statutes specifically provide for the exercise of contempt power by theclerk of superior court, proceedings under this section are before a districtcourt judge, unless a court superior to the district court issued the order inwhich case the proceedings are before that court. When the proceedings arebefore a superior court, venue is in the superior court district or set ofdistricts as defined in G.S. 7A‑41.1 of the court which issued the order.Otherwise, venue is in the county where the order was issued.
(c) The person orderedto show cause may move to dismiss the order.
(d) The judicialofficial is the trier of facts at the show cause hearing.
(e) At the conclusionof the hearing, the judicial official must enter a finding for or against thealleged contemnor on each of the elements set out in G.S. 5A‑21(a). Ifcivil contempt is found, the judicial official must enter an order finding thefacts constituting contempt and specifying the action which the contemnor musttake to purge himself or herself of the contempt.
(f) A person with aninterest in enforcing the order may present the case for a finding of civilcontempt for failure to comply with an order.
(g) A person who isfound in civil contempt under this Article shall not, for the same conduct, befound in criminal contempt under Article 1 of this Chapter. (1977,c. 711, s. 3; 1979, 2nd Sess., c. 1080, ss. 2‑4; 1987 (Reg. Sess., 1988),c. 1037, s. 46; 1999‑361, ss. 2, 4, 5; 2000‑140, s. 35.)