GENERAL ASSEMBLY OF NORTH CAROLINA
Judiciary II Committee Substitute Adopted 4/24/01
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Short Title: Amend DV Laws. |
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AN ACT PROHIBITING THE ASSESSMENT OF COURT COSTS AS RELATED TO PROTECTIVE ORDERS IN DOMESTIC VIOLENCE CASES and AMENDING THE LAWS RELATING TO DOMESTIC VIOLENCE and making an appropriation.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 50B‑2(a) reads as rewritten:
"(a) Any person residing in this State may seek relief under this Chapter by filing a civil action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes alleging acts of domestic violence against himself or herself or a minor child who resides with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may file a civil action and proceed pro se, without the assistance of legal counsel. The district court division of the General Court of Justice shall have original jurisdiction over actions instituted under this Chapter. No court costs shall be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena in compliance with 42 U.S.C. § 3796gg-5."
SECTION 2. G.S. 1‑110(a)(6) is repealed.
SECTION 3. G.S. 50B‑2(c1) reads as rewritten:
"(c1) Ex Parte Orders by Authorized Magistrate. – The
chief district court judge may authorize a magistrate or magistrates to hear
any motions for emergency relief ex parte. Prior to the hearing, if the
magistrate determines that at the time the party is seeking emergency relief ex
parte the district court is not in session and a district court judge is not
and will not be available to hear the motion for a period of four or more
hours, the motion may be heard by the magistrate. If it clearly appears to the
magistrate from specific facts shown that there is a danger of acts of domestic
violence against the aggrieved party or a minor child, the magistrate may enter
such orders as it deems necessary to protect the aggrieved party or minor
children from such acts, except that a temporary order for custody ex parte and
prior to service of process and notice shall not be entered unless the
magistrate finds that the child is exposed to a substantial risk of bodily
injury or sexual abuse. An ex parte order entered under this subsection shall
expire and the magistrate shall schedule an ex parte hearing before a district
court judge within 72 hours of the filing for relief under this subsection,
or by the end of the next day on which the district court is in session in
the county in which the action was filed, whichever occurs first.filed.
A party who has paid court costs due for seeking an order from the
magistrate under this subsection shall not be liable for court costs for a
hearing before the district court judge scheduled and heard pursuant to an
order entered by the magistrate under this subsection. Ex parte orders
entered by the district court judge pursuant to this subsection shall be
entered and scheduled in accordance with subsection (c) of this section."
SECTION 4. There is appropriated from the General Fund to the Administrative Office of the Courts the sum of three hundred thousand dollars ($300,000) for the 2001‑2002 fiscal year to implement the bill.
SECTION 5. This act is effective when it becomes law.