ASSESS COSTS/RESTRAINING ORDERS (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 409 (Public) Filed Monday, March 25, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND PROCEDURES, CLARIFY COSTS AND ATTORNEYS' FEES PROVISIONS APPLICABLE WHEN RELIEF IS NOT ORDERED IN CHAPTER 50B PROTECTIVE ORDER AND CHAPTER 50C NO CONTACT ORDER CASES, AND TO PROVIDE FOR ATTORNEYS' FEES UPON THE GRANT OF RELIEF IN CHAPTER 50C CASES.
Intro. by Tarte.

Status: Ch. SL 2013-390 (Senate Action) (Aug 23 2013)

SOG comments (4):

Identical bill.

Identical to H 741 filed on 4/10/13.

Long title change

The Senate committee substitute to the 1st edition changes the act's title. The original title was: A BILL TO BE ENTITLED AN ACT TO REPEAL ELEMENTS OF THE CIVIL NO-CONTACT LAWS PERTAINING TO STALKING.

Short and long title change.

House committee substitute changes the short and long title in the 2nd edition. The original titles are as follows:

AMEND CIVIL NO-CONTACT LAWS.

A BILL TO BE ENTITLED AN ACT TO AMEND PROCEDURES AND TO PROVIDE FOR COSTS AND ATTORNEYS' FEES IN CIVIL NO-CONTACT ORDER CASES.

 

Long title change.

Conference report changes the long title. The previous long title is as follows:

A BILL TO BE ENTITLED AN ACT TO AMEND PROCEDURES AND TO PROVIDE FOR COSTS AND ATTORNEYS' FEES IN CHAPTER 50B PROTECTIVE ORDER AND CHAPTER 50C NO-CONTACT ORDER CASES IN CERTAIN CIRCUMSTANCES

Bill History:

S 409/S.L. 2013-390

Bill Summaries:

  • Summary date: Sep 3 2013 - More information

    AN ACT TO AMEND PROCEDURES, CLARIFY COSTS AND ATTORNEYS' FEES PROVISIONS APPLICABLE WHEN RELIEF IS NOT ORDERED IN CHAPTER 50B PROTECTIVE ORDER AND CHAPTER 50C NO CONTACT ORDER CASES, AND TO PROVIDE FOR ATTORNEYS' FEES UPON THE GRANT OF RELIEF IN CHAPTER 50C CASES. Enacted August 23, 2013. Effective October 1, 2013.


  • Summary date: Jul 11 2013 - More information

    Conference report makes the following changes to the 3rd edition.

    Amends the long title.

    Deletes proposed changes made in Section 1 of the act concerning GS 50B-2 involving civil actions, emergency relief, and temporary custody/orders, in lieu of changes that provide, in compliance with the federal Violence Against Women Act, no court costs or attorneys' fees will be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena, except as provided in GS 1A-1, Rule 11.

    Amends GS 50C-2(b), deleting previous proposed changes and providing that no court costs or attorneys' fees will be assessed for the filing or service of the complaints or the service of any orders, except as provided in GS 1A-1, Rule 11.

     


  • Summary date: Jun 6 2013 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Changes the short and long titles.

    Amends subsection (a) of GS 50B-2, Institution of civil action; motion for emergency relief; temporary orders; temporary custody, establishing that, except as provided for in subsection (e), no court costs or attorney's fees can be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena. Establishes that the purpose of the subsection is to comply with federal law which would preclude the state from receiving federal funds if certain costs or penalties were assessed for bringing a claim or action under GS Chapter 50B.

    Enacts new GS 50B-2(e), establishing that no court costs can be assessed against a party for the filing or service of a civil action or the filing of a motion in any existing action filed under GS Chapter 50, or for the service of any orders. Also provides that no attorneys' fees can be assessed against the party unless prior to the assessment of cost or fees, the court finds from evidence that the person (1) was not a victim or filing on behalf of a victim of unlawful conduct, (2) filed the action knowing that he or she was not a victim or filed the action knowing that the person upon whose behalf the filing was made was not a victim of unlawful conduct, and (3) initiated the action for an improper purpose to harass the defendant. Provides that failure to comply with the procedural requirements in GS Chapter 50B cannot be the basis for a finding that the party was not a victim.

     


  • Summary date: May 13 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Delets amendments to GS 50C-1, which removed the defintion for "stalking," and deletes modifications to the definition for "unlawful conduct."

    Amends GS 50C-2(b) to provide that in addition to assessing costs to the plaintiff for the filing or service of the complaint, attorneys' fees may also be assessed against the plaintiff if after the presentation of evidence, the court makes specified findings. Amends those findings to include a finding thatthe plaintiff was not a victim in the case (was, the plaintiff (1) initiated the action for an improper purpose to harass the defendantor (2) had knowledge that he or she was not the victim of unlawful conduct). Provides that a plaintiff's failure to comply with procedural requirements in GS Chapter 50C cannot be a basis for a finding that the plaintiff was not a victim.

    Deletes previous changes to GS 50C-5(b), which modified language regarding the issuance of orders to cease stalking and to cease harassment of the victim; however, amends subdivision (7) of that subsection to make a conforming change adding the assessment of attorneys' fees to either party as relief that may be granted by the court.Makes organizational changes to GS 50C-8(a).

    Amends the act's titles.


  • Summary date: Mar 25 2013 - More information

    Amends GS 50C-1 to delete the definition for stalkingas it applies in GS Chapter 50C. Modifies the definition for unlawful conductto mean an act of nonconsensual sexual misconduct by a person 16 years of age or older on a person. Deletes provisions that define unlawful conductto apply to single incidences of nonconsensual sexual conduct or stalkingand deletes specification that "unlawful conduct" does not include acts of self defense or defense of others.

    Current law prohibits assessing court costs for the filing or service of the complaint or the service of any orders under GS Chapter 50C (civil no-contact orders). Amends GS 50C-2(b) to provide that there are no court costs assessed unless the court determines any of the following: the plaintiff (1) willfully failed to appear to prosecute the action, (2) initiated the action for an improper purpose to harass the defendant, or (3) filed the action knowing that he or she was not the victim of unlawful conduct.

    Makes clarifying changes toGS 50C-5(b) and GS 50C-7.

    Amends GS 50C-8(a) to require that if a temporary no-contact order is granted without notice and a motion for a permanent civil no-contact order is made, then the hearing is to be held within 10 days from the date of the motion. Provides that if the request for a temporary, ex parte civil no-contact order is denied, then the hearing on the plaintiff's claim for a civil no-contact order is to be heard within 30 days from the date that the temporary civil no-contact order is denied.

    Effective October 1, 2013, and applies to actions begun on or after that date.


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