§ 95-267. Duration; extension of orders. - North Carolina Statutes

§ 95‑267.  Duration;extension of orders.

(a)        A temporary civilno‑contact order shall be effective for not more than 10 days as thecourt fixes, unless within the time so fixed the temporary civil no‑contactorder, for good cause shown, is extended for a like period or a longer periodif the respondent consents. The reasons for the extension shall be stated inthe temporary order. In case a temporary civil no‑contact order isgranted without notice and a motion for a permanent civil no‑contactorder is made, it shall be set down for hearing at the earliest possible timeand takes precedence over all matters except older matters of the samecharacter. When the motion for a permanent civil no‑contact order comeson for hearing, the complainant may proceed with a motion for a permanent civilno‑contact order, and, if the complainant fails to do so, the judge shalldissolve the temporary civil no‑contact order. On two days' notice to thecomplainant or on such shorter notice to that party as the judge may prescribe,the respondent may appear and move its dissolution or modification. In thatevent the judge shall proceed to hear and determine such motion asexpeditiously as the ends of justice require.

(b)        A permanent civilno‑contact order shall be effective for a fixed period of time not toexceed one year.

(c)        Any temporary orpermanent order may be extended one or more times, as required, provided thatthe requirements of G.S. 95‑265 or G.S. 95‑266, as appropriate, aresatisfied. The court may renew a temporary or permanent order, including anorder that previously has been renewed, upon a motion by the complainant filedbefore the expiration of the current order. The court may renew the order forgood cause. The commission of an act of unlawful conduct by the respondentafter entry of the current order is not required for an order to be renewed. Ifthe motion for extension is uncontested and the complainant seeks nomodification of the order, the order may be extended if the complainant'smotion or affidavit states that there has been no material change in relevantcircumstances since entry of the order and states the reason for the requestedextension. Extensions may be granted only in open court and not under theprovisions of G.S. 95‑265(d).

(d)        Any civil no‑contactorder expiring on a court holiday shall expire at the close of the next courtbusiness day. (2004‑165,s. 1.)