A BILL TO BE ENTITLED
AN ACT to amend procedures and to provide for costs and attorneys' fees in civil no‑contact order cases.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50C‑2(b) reads as rewritten:
"(b)	No court costs shall be assessed against the plaintiff for the filing or service of the complaint, or the service of any orders, and no attorneys' fees shall be assessed against the plaintiff, unless prior to assessing any costs or attorneys' fees, the court finds from evidence presented to the court that the plaintiff (i) was not a victim of unlawful conduct, (ii) filed the action knowing that he or she was not the victim of unlawful conduct, and (iii) initiated the action for an improper purpose to harass the defendant. The failure to comply with procedural requirements in this Chapter shall not be the basis for a finding that the plaintiff was not a victim."
SECTION 2.  G.S. 50C‑7 reads as rewritten:
"§ 50C‑7.  Permanent civil no‑contact order.
Upon a finding that the victim has suffered an act of unlawful conduct committed by the respondent, a permanent civil no‑contact order may issue if the court additionally finds that process was properly served on the respondent, the respondent has answered the complaint and notice of hearing was given, or the respondent is in default. No permanent civil no‑contact order shall be issued without notice to the respondent."
SECTION 3.  G.S. 50C‑8(a) reads as rewritten:
"(a)	A temporary civil no‑contact order shall be effective for not more than 10 days as the court fixes, unless within the time so fixed the temporary civil no‑contact order, for good cause shown, is extended for a like period or a longer period if the respondent consents. The reasons for the extension shall be stated in the temporary order. If a temporary ex parte civil no‑contact order:
(1)	Is granted without notice and a motion for a permanent civil no‑contact order is made, it shall be set down for hearing within 10 days from the date of the motion.
(2)	Is denied, the trial on the plaintiff's motion for a civil no‑contact order shall be set for hearing within 30 days from the date of the denial.
When the motion for a permanent civil no‑contact order comes on for hearing, the complainant may proceed with a motion for a permanent civil no‑contact order, and, if the complainant fails to do so, the judge shall dissolve the temporary civil no‑contact order. On two days' notice to the complainant or on such shorter notice to that party as the judge may prescribe, the respondent may appear and move its dissolution or modification. In that event the judge shall proceed to hear and determine such motion as expeditiously as the ends of justice require."
SECTION 4.  G.S. 50C‑5(b)(7) reads as rewritten:
"(b)	The court may grant one or more of the following forms of relief in its orders under this Chapter:
…
(7)	Order other relief deemed necessary and appropriate by the court, including assessing attorneys' fees to either party."
SECTION 5.  This act becomes effective October 1, 2013, and applies to actions commenced on or after that date.