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.
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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