N.C. Gen. Stat. § 50C-9
Notice of orders
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) The clerk of court shall deliver on the same day that a civil no-contact order is issued, a certified copy of that order to the sheriff.
(1) The clerk of court shall deliver on the same day that a civil no-contact order is issued, a certified copy of that order to the sheriff.
(2) If the respondent was not present in court when the order was issued, the respondent may be served in the manner provided for service of process in civil proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If the summons has not yet been served upon the respondent, it shall be served with the order. Law enforcement agencies shall accept receipt of copies of the order issued by the clerk of court by electronic or facsimile transmission for service on defendants.
(2) If the respondent was not present in court when the order was issued, the respondent may be served in the manner provided for service of process in civil proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If the summons has not yet been served upon the respondent, it shall be served with the order. Law enforcement agencies shall accept receipt of copies of the order issued by the clerk of court by electronic or facsimile transmission for service on defendants.
(3) A copy of the order shall be issued promptly to and retained by the police department of the municipality of the victim's residence. If the victim's residence is not located in a municipality or in a municipality with no police department, copies shall be issued promptly to and retained by the sheriff and the county police department, if any, of the county in which the victim's residence is located.
(3) A copy of the order shall be issued promptly to and retained by the police department of the municipality of the victim’s residence. If the victim’s residence is not located in a municipality or in a municipality with no police department, copies shall be issued promptly to and retained by the sheriff and the county police department, if any, of the county in which the victim’s residence is located.
(4) Any order extending, modifying, or revoking any civil no-contact order shall be promptly delivered to the sheriff by the clerk and served in a manner provided for service of process in accordance with the provisions of this section.
(4) Any order extending, modifying, or revoking any civil no-contact order shall be promptly delivered to the sheriff by the clerk and served in a manner provided for service of process in accordance with the provisions of this section.
History
(2004-194, s. 1; 2012-19, s. 1; 2015-176, s. 2.)
Effect of Amendments. - Session Laws 2012-19, s. 1, effective June 11, 2012, in the first sentence of subsection (b), substituted "If the respondent was not present" for "Unless the respondent was present," substituted "the respondent may be served" for "the sheriff shall serve the order on the respondent and file proof of service"' and added "in accordance with Rule 4(j) of the Rules of Civil Procedure"; and in subsection (d), substituted "in a manner provided for service of process" for "by the sheriff."
Session Laws 2015-176, s. 2, effective August 5, 2015, added the last sentence of subsection (b).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.