N.C. Gen. Stat. » Chapter 5A
NC General Statutes

N.C. Gen. Stat. § 5A-13 (2026)

Direct and indirect criminal contempt; proceedings required

✓ current as of July 2026
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(a) Criminal contempt is direct criminal contempt when the act:

(1) Is committed within the sight or hearing of a presiding judicial official; and

(2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and

(3) Is likely to interrupt or interfere with matters then before  the court.

The presiding judicial official may punish summarily for direct criminal contempt according to the requirements of G.S. 5A-14 or may defer adjudication and sentencing as provided in G.S. 5A-15. If proceedings for direct criminal contempt are deferred, the judicial official must, immediately following the conduct, inform the person of his intention to institute contempt proceedings.

(b) Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.S. 5A-15. (1977, c. 711, s. 3.)

 

Notes of Decisions
Cited in 36 cases (10 in the last 5 years), 1979–2025 · leading case: State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005).
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State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005). · cites it 15× “§ 5A-13 (2003): (a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and…”
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013). · cites it 6× “2d at 373 ; N.C. Gen. Stat. § 5A-13(a) (2011). “Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by [N.”
O'Briant v. O'Briant, 329 S.E.2d 370 (N.C. 1985). · cites it 6× “N.C. Gen. Stat. § 5A-13 (1981). Indirect contempt is defined as “[a]ny criminal contempt other than direct criminal contempt.”
State v. Tincher, 831 S.E.2d 859 (N.C. Ct. App. 2019). · cites it 5× “Findings of Fact Pursuant to Section 5A-13(a) of our General Statutes, direct criminal contempt occurs when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings…”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). · cites it 4× “See N.C. Gen. Stat. § 5A-13 (2017). The trial court specifically concluded defendant was in civil contempt based on Article 2.”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013). · cites it 5× “N.C. Gen. Stat. § 5A-13(a) (2011). The 5 December order does not contain any finding satisfying a requisite for direct criminal contempt.”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016). · cites it 4× “N.C. Gen. Stat. § 5A-13(b) (2015) provides that “[a]ny criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019). · cites it 2× “" N.C. Gen. Stat. § 5A-13(a) (2017). Section 5A-14 of our General Statutes allows a judge to "summarily impose measures in response to direct criminal contempt[.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996). · cites it 6× “See N.C. Gen.Stat. § 5A-13(b) (1986). Indirect contempt (§ 5A-13(b)) is that which arises from matters not occurring in or near the presence of the court, but which tend to obstruct or defeat the administration of justice.”
In re: Korfmann, 786 S.E.2d 768 (N.C. Ct. App. 2016). · cites it 4× “" N.C. Gen.Stat. § 5A-13(a) (2015). "Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.”
In re: Botros, 828 S.E.2d 696 (N.C. Ct. App. 2019). · cites it 4× “" Respondent alleges this Conclusion is erroneous because it "is not supported by evidence nor *708 does it follow from the Findings of Fact[,]" and because Judge Shirley violated N.C. Gen. Stat. § 5A-13(a), which deals with notice procedures when deferring proceedings for…”
State v. Coleman, 655 S.E.2d 450 (N.C. Ct. App. 2008). · cites it 2× “N.C. Gen. Stat. § 5A-13 (2005). 4 . We note that our holding does not, as the State contends, bar a party “from putting on any evidence of contempt that occurred after the issuance of a show cause order.”
Show all 36 citing cases →
— N.C. Gen. Stat. § 5A-13(1) — 1 case
Wall v. Gulledge (M.D.N.C. 2024).
— N.C. Gen. Stat. § 5A-13(a) — 14 cases
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013). “2d at 373 ; N.C. Gen. Stat. § 5A-13(a) (2011). “Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by [N.”
State v. Tincher, 831 S.E.2d 859 (N.C. Ct. App. 2019). “Findings of Fact Pursuant to Section 5A-13(a) of our General Statutes, direct criminal contempt occurs when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings…”
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019). “" N.C. Gen. Stat. § 5A-13(a) (2017). Section 5A-14 of our General Statutes allows a judge to "summarily impose measures in response to direct criminal contempt[.”
In re: Botros, 828 S.E.2d 696 (N.C. Ct. App. 2019). “" Respondent alleges this Conclusion is erroneous because it "is not supported by evidence nor *708 does it follow from the Findings of Fact[,]" and because Judge Shirley violated N.C. Gen. Stat. § 5A-13(a), which deals with notice procedures when deferring proceedings for…”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013). “N.C. Gen. Stat. § 5A-13(a) (2011). The 5 December order does not contain any finding satisfying a requisite for direct criminal contempt.”
— N.C. Gen. Stat. § 5A-13(a)(1) — 6 cases
State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005). “§ 5A-13 (2003): (a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and…”
State v. Tincher, 831 S.E.2d 859 (N.C. Ct. App. 2019). “Findings of Fact Pursuant to Section 5A-13(a) of our General Statutes, direct criminal contempt occurs when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings…”
State v. Brinkley (N.C. Ct. App. 2025).
State v. Land (N.C. Ct. App. 2020).
State v. Land (N.C. Ct. App. 2020).
— N.C. Gen. Stat. § 5A-13(a)(2) — 2 cases
State v. Brinkley (N.C. Ct. App. 2025).
Wall v. Gulledge (M.D.N.C. 2024).
— N.C. Gen. Stat. § 5A-13(a)(3) — 1 case
Lowder v. All Star Mills, Inc., 263 S.E.2d 624 (N.C. Ct. App. 1980).
— N.C. Gen. Stat. § 5A-13(a)(l) — 3 cases
State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005). “§ 5A-13 (2003): (a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and…”
Adams Creek Assocs. v. Davis, 652 S.E.2d 677 (N.C. Ct. App. 2007).
State v. Simon, 648 S.E.2d 853 (2007).
— N.C. Gen. Stat. § 5A-13(b) — 14 cases
State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005). “§ 5A-13 (2003): (a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and…”
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013). “2d at 373 ; N.C. Gen. Stat. § 5A-13(a) (2011). “Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by [N.”
O'Briant v. O'Briant, 329 S.E.2d 370 (N.C. 1985). “N.C. Gen. Stat. § 5A-13 (1981). Indirect contempt is defined as “[a]ny criminal contempt other than direct criminal contempt.”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016). “N.C. Gen. Stat. § 5A-13(b) (2015) provides that “[a]ny criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996). “See N.C. Gen.Stat. § 5A-13(b) (1986). Indirect contempt (§ 5A-13(b)) is that which arises from matters not occurring in or near the presence of the court, but which tend to obstruct or defeat the administration of justice.”
— N.C. Gen. Stat. § 5A-13(b)(2011) — 1 case
State v. Nwanguma (N.C. Ct. App. 2014).
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