GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2015-25
HOUSE BILL 79
AN ACT Amending the laws pertaining to civil no‑contact orders to clarify that a knowing violation of a civil no‑contact order is punishable by civil or criminal contempt and clarifying THE SCOPE OF STAY ON PROCEEDINGS WHEN A CASE IS ON APPEAL.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 50C‑10 reads as rewritten:
"§ 50C‑10. Violation.
A knowing violation of an order
entered pursuant to this Chapter is punishable as contempt of court.by
civil or criminal contempt as provided in Chapter 5A of the General Statutes."
SECTION 2. G.S. 1‑294 reads as rewritten:
"§ 1‑294. Scope of stay; security limited for fiduciaries.
When an appeal is perfected as
provided by this Article it stays all further proceedings in the court below
upon the judgment appealed from, or upon the matter embraced therein; therein,
unless otherwise provided by the Rules of Appellate Procedure; but the
court below may proceed upon any other matter included in the action and not
affected by the judgment appealed from. The court below may, in its discretion,
dispense with or limit the security required, when the appellant is an
executor, administrator, trustee, or other person acting in a fiduciary
capacity. It may also limit such security to an amount not more than fifty thousand
dollars ($50,000), where it would otherwise exceed that sum."
SECTION 3. Section 1 of this act becomes effective October 1, 2015, and applies to orders entered on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of May, 2015.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 11:50 a.m. this 21st day of May, 2015