Bill Summary – FastDemocracy

H.B. 743
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 18, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                    HOUSE BILL DRH10353-ND-143
     Short Title:   Extend Expiration/Magistrate Ex Parte Orders.                                 (Public)
     Sponsors:      Representative Carson Smith.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO EXTEND THE PERIOD DURING WHICH A MAGISTRATE EX PARTE
      DOMESTIC VIOLENCE PROTECTIVE ORDER REMAINS VALID.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 50B-2(c1) reads as rewritten:
      "(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.
 When the office of the clerk is closed and a magistrate has been authorized under this section to
 hear a motion for emergency relief ex parte, an authorized magistrate shall accept for filing a
 complaint alleging domestic violence and motion for emergency relief ex parte, note thereon the
 filing date, and the magistrate shall issue a summons. Any endorsement or alias and pluries
 summons pursuant to G.S. 1A-1, Rule 4(d) shall be issued by the clerk, assistant clerk, or deputy
 clerk of the court in the county in which the action is commenced. Any complaint and motion for
 emergency relief ex parte and any other documents accepted for filing under this section and any
 order entered by the magistrate shall be delivered to the clerk's office for processing as soon as
 that office is open for business. 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 expire and the magistrate
                                   *DRH10353-ND-143*
    General Assembly Of North Carolina                                                   Session 2023
 shall schedule an ex parte hearing before a district court judge by the end of the next day on
 which the district court is in session in the county in which the action was filed. Ex parte orders
 entered by the district court judge pursuant to this subsection shall be entered and scheduled for
 hearing before a district court judge in accordance with subsection (c) of this section."
            SECTION 2. This act becomes effective October 1, 2023, and applies to ex parte
 orders entered on or after that date.
    Page 2                                                                       DRH10353-ND-143
Statutes affected: 
Filed: 50B-2
Edition 1: 50B-2