95-260. Definitions. The following definitions apply in this Article: (1) Civil no-contact order. – An order granted under this Article, which includes a remedy authorized by G.S. 95-264. (2) Employer. – Any person or entity that employs one or more employees. Employer also includes the State of North Carolina and its political subdivisions. (3) Unlawful […]
95-261. Civil no-contact orders; persons protected. An action for a civil no-contact order may be filed as a civil action in district court by an employer on behalf of an employee who has suffered unlawful conduct from any individual that can reasonably be construed to be carried out, or to have been carried out, at […]
95-262. Commencement of action; venue. (a) An action for a civil no-contact order is commenced by filing a verified complaint for a civil no-contact order in any civil district court or by filing a motion in any existing civil action. (b) A complaint or motion for a civil no-contact order shall be filed in the […]
95-263. Process for action for no-contact order. (a) Any action for a civil no-contact order requires that a separate summons be issued and served. The summons issued pursuant to this Article shall require the respondent to answer within 10 days of the date of service. Attachments to the summons shall include the verified complaint for […]
95-264. Civil no-contact order; remedy. (a) Upon a finding that the employee has suffered unlawful conduct committed by the respondent, the court may issue a temporary or permanent civil no-contact order. In determining whether or not to issue a civil no-contact order, the court shall not require physical injury to the employee or injury to […]
95-265. Temporary civil no-contact order; court holidays and evenings. (a) A temporary civil no-contact order may be granted ex parte, without written or oral notice to the respondent, only if both of the following are shown: (1) It clearly appears from specific facts shown by a verified complaint or affidavit that immediate injury, loss, or […]
95-266. Permanent civil no-contact order. Upon a finding that the employee has suffered 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 […]
95-267. Duration; extension of orders. (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 […]
95-268. Notice of orders. (a) The clerk of court shall deliver on the same day that a civil no-contact order is issued a certified copy of that order to the sheriff. (b) Unless the respondent was present in court when the order was issued, the sheriff shall serve that order upon the respondent and file […]
95-269. Violation of valid order. A violation of an order entered pursuant to this Article is punishable as contempt of court. (2004-165, s. 1.)
95-270. Employment discrimination unlawful. (a) No employer shall discharge, demote, deny a promotion, or discipline an employee because the employee took reasonable time off from work to obtain or attempt to obtain relief under Chapter 50B or Chapter 50C. An employee who is absent from the workplace shall follow the employer’s usual time-off policy or […]
95-271. Scope of Article; other remedies available. This Article does not expand, diminish, alter, or modify any duty of any employer to provide a safe workplace for employees and other persons. This Article does not limit the ability of an employer, employee, or victim to pursue any other civil or criminal remedy provided by law. […]
