§ 50C-3. Process for action for no-contact order. - North Carolina Statutes

§ 50C‑3.  Process foraction for no‑contact order.

(a)        Any action for acivil no‑contact order requires that a summons be issued and served. Thesummons issued pursuant to this Chapter shall require the respondent to answerwithin 10 days of the date of service. Attachments to the summons shall includethe complaint for the civil no‑contact order, and any temporary civil no‑contactorder that has been issued and the notice of hearing on the temporary civil no‑contactorder.

(b)        Service of thesummons and attachments shall be by the sheriff by personal delivery inaccordance with Rule 4 of the Rules of Civil Procedure, and if the respondentcannot with due diligence be served by the sheriff by personal delivery, therespondent may be served by publication by the complainant in accordance withRule 4(j1) of the Rules of Civil Procedure.

(c)        The court may entera civil no‑contact order by default for the remedy sought in thecomplaint if the respondent has been served in accordance with this section andfails to answer as directed, or fails to appear on any subsequent appearance orhearing date agreed to by the parties or set by the court.  (2004‑194, s. 1; 2009‑342,s. 3.)