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1 Institute of Government © 2005 to Present Chapter 50C No-Contact Orders District Court Judges’ Summer Conference 2006
2 Institute of Government © 2005 to Present Focus on: procedure & application for substantive coverage - www.dcjudges.unc.eduwww.dcjudges.unc.edu - Joan Brannon’s presentation Summer Conference 2005
3 Institute of Government © 2005 to Present I want to test to see if my clicker works… 1.Yes 2.No
4 Institute of Government © 2005 to Present Who might be a 50C plaintiff? 1.An adult resident of South Carolina 2.An adult resident of NC who experiences “unlawful conduct” in SC 3.An adult resident of SC, on behalf of a minor who resides in NC 4.None of the above
5 Institute of Government © 2005 to Present Ex parte orders under 50C: What is the minimum amount of notice you would require? 1.No notice needed 2.A phone call before the hearing 3.Rule 5 notice (motions) 4.Rule 4 service of process
6 Institute of Government © 2005 to Present Procedure – initiation Plaintiff may be the victim or a competent adult filing on behalf of a minor or incompetent victim Victim does not have to reside in NC But, adult filing on behalf of minor or incompetent must reside in NC In either case, unlawful conduct must occur in North Carolina
7 Institute of Government © 2005 to Present Procedure – order w/out notice Differs from 50B ex parte orders 50C procedure similar to Rule 65 Temporary Restraining Order Notice of hearing generally required …
8 Institute of Government © 2005 to Present Procedure – notice required unless: It clearly appears From specific facts shown by a verified complaint or affidavit That immediate injury, loss, or damage will result to the victim before defendant can be heard (irreparable harm standard) AND …
9 Institute of Government © 2005 to Present Procedure – notice required unless: Plaintiff certifies either of the following Efforts, if any, made to give notice and reasons why notice should not be required Good cause to grant remedy because the harm remedy seeks to prevent will occur if defendant is given notice
10 Institute of Government © 2005 to Present Permanent order – findings: Defendant was properly served Defendant answered or defaulted (10 days, not 30) Notice of hearing given to defendant Victim suffered unlawful conduct committed by defendant
11 Institute of Government © 2005 to Present Who may be a 50C plaintiff? 1.An adult resident of South Carolina 2.An adult resident of NC who experiences “unlawful conduct” in SC 3.An adult resident of SC, on behalf of a minor who resides in NC 4.None of the above
12 Institute of Government © 2005 to Present Ex parte orders under 50C: What is the minimum amount of notice you would require? 1.No notice – Only if required showing made 2.A phone call before the hearing – Maybe 3.Rule 5 notice (motions) - plenty 4.Rule 4 service of process – more than plenty
13 Institute of Government © 2005 to Present Even if the plaintiff doesn’t show adequate efforts to give notice, there are times when I might grant an ex parte 50C order… 1.Yes 2.No
14 Institute of Government © 2005 to Present Conduct required for order “Unlawful conduct” occurring in North Carolina “Unlawful conduct” is (1) non- consensual sexual conduct or (2) stalking Relationship of victim/perpetrator not personal relationship
15 Institute of Government © 2005 to Present Stalking “Following on more than one occasion or otherwise harassing…” Another person Without legal purpose With intent to: Place person in reasonable fear either for person’s safety or safety of immediate family or close personal associates Cause person to suffer emotional distress by placing in fear of death, bodily injury, or continued harassment, and conduct in fact causes substantial emotional distress
16 Institute of Government © 2005 to Present Harassing Knowing conduct (includes communications in writing, by phone, facsimile, voicemail, etc.) Directed at a specific person That torments, terrorizes, or terrifies that person, and Serves no legitimate purpose
17 Institute of Government © 2005 to Present Harassing State v. Watson, 169 N.C. App. 331 (2005) – criminal case upholding G.S. 14-277.3 against constitutional vagueness challenge. Looks to dictionary: “‘Torment’ is defined as ‘to annoy, pester, or harass.’” Impact on 50C?
18 Institute of Government © 2005 to Present I was coming home from the Big Apple when I was going up my stairs to my apartment, when he grabbed me into his apartment, and he hit me on my butt very hard leaving hand prints, from him grabbing me I have a bruise on my forearm. Then he bit me on my neck. I then got my things and went up my stairs. 1.Yes 2.No
19 Institute of Government © 2005 to Present I have been having problems with him. I have taken charges against him for trespassing. After we came from court that he communicating a threat to me that he will come in my yard and take care of that [expletive] and everyone in the house. 1.Yes 2.No
20 Institute of Government © 2005 to Present On May 20, she came into Family Dollar and caused a scene. It was my second day at work and she loudly cursed and harrassed me in the store. She said that if I was a woman that I could handle it and she told one of the employees that I am a stalker. She said she would beat me up and would turn the store upside down. My manager said that if I got a restraining order against her, she could ban her from coming into the store. 1.Yes 2.No
21 Institute of Government © 2005 to Present He came in my neighborhood (apartment complex) and circled. He watched me walk in my building on 2/23. He sent me an email on 2/28 saying he knows where I live. I told him I would contact the police and match.com but he still watches my apartment. He only comes to the stop sign, but he followed me and my children on 4/27… He appeared again on My 3 at the stop sign. I have witnessed him watching my residence 9 times It has caused me fear and emotional distress not knowing what he will do next or why is he continuing to watch me. My children also expressed fear when he followed us. He found out where I live without me telling him and he has never been invited. He is upset that I rejected him through match.com 1.Yes 2.No
22 Institute of Government © 2005 to Present The defendant called my cellphone on 5/8/06, 3:17pm and stated “this is me [expletive], when you see me, be ready to be dealt with. Even if I have to come to your job I'm gonna beat your [expletive].” 1.Yes 2.No
23 Institute of Government © 2005 to Present The defendant is a student in my class and I sent him to the office for disrupting class. When I saw him later that day, he threatened to make me sorry. 1.Yes 2.No
24 Institute of Government © 2005 to Present He called on March 27, to demand that I surrender a vehicle purchased legally and that I am the legal possessor and operator. He demanded that the vehicle be surrendered not later than Wed, March 29, 2006. His calls cause me to be concerned for my children and their safety should they try to pursue an unlawful repossession while I or my spouse is at work or away from the house for any reason. 1.Yes 2.No
25 Institute of Government © 2005 to Present “Yesterday, he shot at me with a 9mm, punched me and hit me with a stick. He told me he was going to kill me. My kids fear going out to play.” 1.Yes 2.No
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