§ 95-265. Temporary civil no-contact order; court holidays and evenings.
§ 95‑265. Temporarycivil no‑contact order; court holidays and evenings.
(a) A temporary civilno‑contact order may be granted ex parte, without written or oral noticeto the respondent, only if both of the following are shown:
(1) It clearly appearsfrom specific facts shown by a verified complaint or affidavit that immediateinjury, loss, or damage will result to the complainant, or the complainant'semployee before the respondent can be heard in opposition.
(2) Either one of thefollowing:
a. The complainantcertifies to the court in writing the efforts, if any, that have been made togive the notice and the reasons supporting the claim that notice should not berequired.
b. The complainantcertified to the court that there is good cause to grant the remedy because theharm that the remedy is intended to prevent would likely occur if therespondent were given any prior notice of the complainant's efforts to obtainjudicial relief.
(b) Every temporarycivil no‑contact order granted without notice shall:
(1) Be endorsed with thedate and hour of issuance.
(2) Be filed immediatelyin the clerk's office and entered of record.
(3) Define the injury,state why it is irreparable and why the order was granted without notice.
(4) Expire by its termswithin such time after entry, not to exceed 10 days.
(5) Give notice of thedate of hearing on the temporary order as provided in G.S. 95‑267(a).
(c) If the respondentappears in court for the hearing for a temporary order, the respondent mayelect to file a general appearance and testify. Any resulting order may be atemporary order, governed by this section. Notwithstanding the requirements ofthis section, if all requirements of G.S. 95‑266 have been met, the courtmay issue a permanent order.
(d) When the court isnot in session, the complainant may file a complaint for a temporary orderbefore any judge or magistrate designated to grant relief under this Article.If the judge or magistrate finds that there is an immediate and present dangerof abuse against the complainant or employee of the complainant and that thecomplainant has satisfied the prerequisites set forth in subsection (a) of thissection, the judge or magistrate may issue a temporary civil no‑contactorder. The chief district court judge may designate for each county at leastone judge or magistrate to be reasonably available to issue temporary civil no‑contactorders when the court is not in session. (2004‑165, s. 1; 2006‑264, s. 9.)