§ 19A-3. Preliminary injunction; care of animal pending hearing on the merits. - North Carolina Statutes

§ 19A‑3.  Preliminaryinjunction; care of animal pending hearing on the merits.

(a)        Upon the filing ofa verified complaint in the district court in the county in which cruelty to ananimal has allegedly occurred, the judge may, as a matter of discretion, issuea preliminary injunction in accordance with the procedures set forth in G.S. 1A‑1,Rule 65. Every such preliminary injunction, if the plaintiff so requests, maygive the plaintiff the right to provide suitable care for the animal. If itappears on the face of the complaint that the condition giving rise to thecruel treatment of an animal requires the animal to be removed from its owneror other person who possesses it, then it shall be proper for the court in thepreliminary injunction to allow the plaintiff to take possession of the animalas custodian.

(b)        The plaintiff ascustodian may employ a veterinarian to provide necessary medical care for theanimal without any additional court order. Prior to taking such action, theplaintiff as custodian shall consult with, or attempt to consult with, thedefendant in the action, but the plaintiff as custodian may authorize such carewithout the defendant's consent. Notwithstanding the provisions of thissubsection, the plaintiff as custodian may not have an animal euthanizedwithout written consent of the defendant or a court order that authorizeseuthanasia upon the court's finding that the animal is suffering due toterminal illness or terminal injury.

(c)        The plaintiff ascustodian may place an animal with a foster care provider. The foster careprovider shall return the animal to the plaintiff as custodian on demand. (1969, c. 831; 1971, c. 528,s. 10; 1979, c. 808, s. 3; 2003‑208, s. 1; 2006‑113, s. 1.1.)