§ 5A-21. Civil contempt; imprisonment to compel compliance. - North Carolina Statutes

Article2.

Civil Contempt.

§ 5A‑21.  Civilcontempt; imprisonment to compel compliance.

(a)        Failure to complywith an order of a court is a continuing civil contempt as long as:

(1)        The order remains inforce;

(2)        The purpose of theorder may still be served by compliance with the order;

(2a)      The noncompliance bythe person to whom the order is directed is willful; and

(3)        The person to whomthe order is directed is able to comply with the order or is able to takereasonable measures that would enable the person to comply with the order.

(b)        A person who isfound in civil contempt may be imprisoned as long as the civil contemptcontinues, subject to the limitations provided in subsections (b1) and (b2) ofthis section. Notwithstanding subsection (b2) of this section, if a person isfound in civil contempt for failure to pay child support or failure to complywith a court order to perform an act that does not require the payment of amonetary judgment, the person may be imprisoned as long as the civil contemptcontinues without further hearing.

(b1)      A person who isfound in civil contempt, but was not arrested, for failure to comply with anontestimonial identification order issued pursuant to Article 14,Nontestimonial Identification Order, of Chapter 15A of the General Statutes maynot be imprisoned more than 90 days unless the person is arrested on probablecause.

(b2)      The period ofimprisonment for a person found in civil contempt shall not exceed 90 days forthe same act of disobedience or refusal to comply with an order of the court. Aperson who has not purged himself or herself of the contempt within the periodof imprisonment imposed by the court under this subsection may be recommittedfor one or more successive periods of imprisonment, each not to exceed 90 days.However, the total period of imprisonment for the same act of disobedience orrefusal to comply with the order of the court shall not exceed 12 months,including both the initial period of imprisonment imposed under this sectionand any additional period of imprisonment imposed under this subsection. Beforethe court may recommit a person to any additional period of imprisonment underthis subsection, the court shall conduct a hearing de novo. The court mustenter a finding for or against the alleged contemnor on each of the elements ofG.S. 5A‑21(a), and must find that all of elements of G.S. 5A‑21(a)continue to exist before the person can be recommitted. For purposes of thissubsection, a person's failure or refusal to purge himself or herself ofcontempt shall not be deemed a separate or additional act of disobedience,failure, or refusal to comply with an order of the court.

(c)        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, s. 1; 1999‑361, s. 1.)