A BILL TO BE ENTITLED
AN ACT to extend the time of expiration for various ex parte orders and to expand various notice and procedural requirements when a judge orders a defendant to attend an abuser treatment program.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50B‑2 reads as rewritten:
"§ 50B‑2.  Institution of civil action; motion for emergency relief; temporary orders; temporary custody.
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(c)	Ex Parte Orders. –
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(5)	Upon the issuance of an ex parte order under this subsection or under subsection (c1) of this section, a hearing shall be held within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later. A continuance shall be limited to one extension of no more than 10 days unless all parties consent or good cause is shown. The hearing shall have priority on the court calendar.
(6)	If an aggrieved party acting pro se requests ex parte relief, the clerk of superior court shall schedule an ex parte hearing with the district court division of the General Court of Justice within 72 hours of the filing for said relief, 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 shall first occur. If the district court is not in session in said county, the aggrieved party may obtain relief pursuant to subsection (c1) of this section if authorized by the chief district court judge or may contact the clerk of superior court in any other county within the same judicial district who shall schedule an ex parte hearing with the district court division of the General Court of Justice by the end of the next day on which said court division is in session in that county.
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(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 orders as it deems necessary to protect the aggrieved party or minor children from those 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 physical or emotional injury or sexual abuse. If the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse, upon request of the aggrieved party, the magistrate shall consider and may order the other party to stay away from a minor child, or to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis, if the magistrate finds that the order is in the best interest of the minor child and is necessary for the safety of the minor child. If the magistrate determines that it is in the best interest of the minor child for the other party to have contact with the minor child or children, the magistrate shall issue an order designed to protect the safety and well‑being of the minor child and the aggrieved party. The order shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well‑being of the minor child and the aggrieved party. An ex parte order entered under this subsection shall be entered and scheduled in accordance with subsection (c) of this section.
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SECTION 2.  G.S. 50B‑3 is amended by adding two new subsections to read:
"(a2)	If the court orders that the defendant attend an abuser treatment program pursuant to G.S. 50B‑3(a)(12), the defendant shall begin regular attendance of the program within 60 days of the entry of the order. When ordering a defendant to attend an abuser treatment program, the court shall also specify a date and time for a review hearing with the court to assess whether the defendant has complied with that part of the order. The review hearing shall be held as soon as practicable after 60 days from the entry of the original order. The date of the review shall be set at the same time as the entry of the original order, and the clerk shall issue a Notice of Hearing for the compliance review to be given to the defendant and filed with the court on the same day as the entry of the order. If a defendant is not present in court at the time the order to attend an abuser treatment program is entered and the Notice of Hearing for review is filed, the clerk shall serve a copy of the Notice of Hearing together with the service of the order. The plaintiff may, but is not required to, attend the 60‑day review hearing.
(a3)	At any time prior to the 60‑day review hearing set forth in subsection (a2) of this section, a defendant who is ordered to attend an abuser treatment program may present to the clerk a written statement from an abuser treatment program showing that the defendant has enrolled in and begun regular attendance in an abuser treatment program. Upon receipt of the written statement, the clerk shall remove the 60‑day review hearing from the court docket and the defendant shall not be required to appear for the 60‑day review hearing. The clerk shall also notify the plaintiff that the defendant has complied with the order and that no 60‑day review hearing will occur."
SECTION 3.  G.S. 50B‑3.1(a) reads as rewritten:
"(a)	Required Surrender of Firearms. – Upon issuance of an emergency order, ex parte order, or an order issued following notice and due process to the defendant pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant if the court finds any of the following factors:
(1)	The use or threatened use of a deadly weapon by the defendant or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons.
(2)	Threats to seriously injure or kill the aggrieved party or minor child by the defendant.
(3)	Threats to commit suicide by the defendant.
(4)	Serious injuries inflicted upon the aggrieved party or minor child by the defendant.
(5)	Any other factor in which the continued possession of a firearm by the defendant poses a substantial risk of serious injury or death to an aggrieved party or minor child."
SECTION 4.  This act becomes effective December 1, 2019, and applies to court orders issued on or after that date.