AN ACT TO EXTEND THE TIME OF EXPIRATION FOR VARIOUS EX PARTE ORDERS AND TO EXPAND VARIOUS NOTICE AND PROCEDURAL REQUIREMENTS WHEN A JUDGE ORDERS A DEFENDANT TO ATTEND AN ABUSER TREATMENT PROGRAM.
Amends GS 50B-2 by removing the requirement that emergency ex parte orders issued by a magistrate to expire and the magistrate must schedule an ex parte hearing before a district court judge by the end of the next day on which the district court is in session in the county in which the action was filed. Makes conforming changes by making those orders subject to the same hearing requirements as other ex parte orders under the statute.
Amends GS 50B-3 regarding domestic violence protective orders. Requires a defendant ordered to attend an abuser treatment program pursuant to subdivision (a)(12) to begin regular attendance of the program within 60 days of the entry of the order. Requires the court to specify the date and time for a review hearing with the court to assess whether the defendant has complied as soon as practicable after 60 days from the entry of the original order. Requires that date and time to be set when entering the original order, and requires the clerk to issue a Notice of Hearing for the compliance review to be given to or served, as appropriate, upon the defendant and filed with the court on the same day as entry of the original order. Permits the plaintiff to attend the review hearing. Provides for the defendant to give the clerk a written statement showing compliance with the order prior to the review hearing, at which time the clerk must remove the hearing from the court docket and notify the plaintiff of the defendant's compliance and that no review hearing will occur.
Amends GS 50B-3.1 to require a defendant to surrender all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms upon issuance of an order issued following notice and due process to the defendant pursuant to GS Chapter 50B (was only upon issuance of an emergency order or ex parte order pursuant to the Chapter). Adds to the factors that must be found before the court orders the defendant to surrender all firearms, to include any other factor (beyond those four already listed) in which the continued possession of a firearm by the defendant poses a substantial risk of serious injury or death to an aggrieved party or minor child.
Applies to court orders issued on or after October 1, 2019.
© 2019 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.
Beginning January 1, you do not need to log in to view the Daily Bulletin, Bills and Bill Summaries.