(a) When a judicial official chooses not to proceed summarily against a person charged with direct criminal contempt or when he may not proceed summarily, he may proceed by an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in contempt of court. A copy of the order must be furnished to the person charged. If the criminal contempt is based upon acts before a judge which so involve him that his objectivity may reasonably be questioned, the order must be returned before a different judge.
(b) Proceedings under this section are before a district court judge unless a court superior to the district court issued the order, in which case the proceedings are before that court. Venue lies throughout the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where the order was issued.
(c) The person ordered to show cause may move to dismiss the order.
(d) The judge is the trier of facts at the show cause hearing.
(e) The person charged with contempt may not be compelled to be a witness against himself in the hearing.
(f) At the conclusion of the hearing, the judge must enter a finding of guilty or not guilty. If the person is found to be in contempt, the judge must make findings of fact and enter judgment. The facts must be established beyond a reasonable doubt.
(g) The judge presiding over the hearing may appoint a prosecutor or, in the event of an apparent conflict of interest, some other member of the bar to represent the court in hearings for criminal contempt. (1977, c. 711, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 44.)
§ 5A-16. Custody of person charged with criminal contempt.
(a) A judicial official may orally order that a person he is charging with direct criminal contempt be taken into custody and restrained to the extent necessary to assure his presence for summary proceedings or notice of plenary proceedings.
(b) If a judicial official who initiates plenary proceedings for contempt under G.S. 5A-15 finds, based on sworn statement or affidavit, probable cause to believe the person ordered to appear will not appear in response to the order, he may issue an order for arrest of the person, pursuant to G.S. 15A-305. A person arrested under this subsection is entitled to release under the provisions of Article 26, Bail, of Chapter 15A of the General Statutes. (1977, c. 711, s. 3.)
Notes of Decisions
Cited in
47
cases (
12 in the last 5 years), 1979–2025 · leading case:
State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005).
State v. McCoy, 615 S.E.2d 319 (N.C. Ct. App. 2005).
· cites it 20× “I would, therefore, deny the State's motion to dismiss, reverse the trial court, and remand to have the trial court conduct contempt proceedings in accordance with N.C. Gen.Stat. § 5A-15 (2003). Facts Defendant appeared with his appointed counsel at a hearing on 15 September…”
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013).
· cites it 12× “The procedural requirements of section 5A-15 include, inter alia, (1) the trial court giving notice to the accused in the form of “an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in…”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990).
· cites it 16× “N.C.G.S. § 5A-15(e) (Cum.Supp.1989). 3. Proof must be beyond a reasonable doubt.”
O'Briant v. O'Briant, 329 S.E.2d 370 (N.C. 1985).
· cites it 9× “See N.C. Gen. Stat. § 5A-15 and N.C. Gen. Stat.”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013).
· cites it 12× “In accordance, we review the trial court’s 5 December 2012 order to determine whether Phillips was convicted of indirect criminal contempt pursuant to N.C. Gen. Stat. § 5A-15 and look to the procedure required therein for such convictions.”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
· cites it 9× “Consequently, because the trial court entered a show cause order requiring Defendant to appear in court and explain why he had failed to comply with the TRO and preliminary injunction, it was fully authorized to find him in criminal contempt - 12 - STATE V.”
State v. Ford, 596 S.E.2d 846 (N.C. Ct. App. 2004).
· cites it 8× “An appeal from a summary finding of contempt in district court is reviewed de novo by a superior court.”
In Re Marshall, 662 S.E.2d 5 (N.C. Ct. App. 2008).
· cites it 20× “-practice-law-of-robinson/" aria-description="Citation for case: In Re the Right to Practice Law of Robinson">Robinson and Dale made a motion to recuse the judge for his alleged bias, Robinson and Dale involved disciplinary proceedings for violations of the Code of Professional…”
State v. Coleman, 655 S.E.2d 450 (N.C. Ct. App. 2008).
· cites it 6× “Although we recognize that the record in the case sub judice is replete with evidence that the defendant did commit the acts as alleged in each show cause motion, the trial court must make the findings of fact beyond a reasonable doubt as to whether the defendant committed these…”
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001).
· cites it 6× “or civil contempt"), concluded that defendant was "guilty beyond a reasonable doubt of criminal contempt," see N.C.G.S. § 5A-15 (f)(1999) (in criminal contempt proceeding, "[t]he facts must be established beyond a reasonable doubt"), and acknowledged it was unable to hold…”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996).
· cites it 10× “N.C. Gen.Stat. § 5A-15 (1986 & Cum. Supp.”
Shumaker v. Shumaker, 527 S.E.2d 55 (N.C. Ct. App. 2000).
· cites it 6× “See N.C.G.S. § 5A-15(e), (f) (1999). I, therefore, would hold the party initiating an action for civil contempt has the burden of proving the elements of civil contempt, including that the alleged contemnor's noncompliance with the court order was willful.”
— N.C. Gen. Stat. § 5A-15(a) — 17 cases
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013).
“The procedural requirements of section 5A-15 include, inter alia, (1) the trial court giving notice to the accused in the form of “an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in…”
In Re Marshall, 662 S.E.2d 5 (N.C. Ct. App. 2008).
“-practice-law-of-robinson/" aria-description="Citation for case: In Re the Right to Practice Law of Robinson">Robinson and Dale made a motion to recuse the judge for his alleged bias, Robinson and Dale involved disciplinary proceedings for violations of the Code of Professional…”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
“Consequently, because the trial court entered a show cause order requiring Defendant to appear in court and explain why he had failed to comply with the TRO and preliminary injunction, it was fully authorized to find him in criminal contempt - 12 - STATE V.”
State v. Coleman, 655 S.E.2d 450 (N.C. Ct. App. 2008).
“Although we recognize that the record in the case sub judice is replete with evidence that the defendant did commit the acts as alleged in each show cause motion, the trial court must make the findings of fact beyond a reasonable doubt as to whether the defendant committed these…”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013).
“In accordance, we review the trial court’s 5 December 2012 order to determine whether Phillips was convicted of indirect criminal contempt pursuant to N.C. Gen. Stat. § 5A-15 and look to the procedure required therein for such convictions.”
— N.C. Gen. Stat. § 5A-15(d) — 2 cases
— N.C. Gen. Stat. § 5A-15(e) — 2 cases
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990).
“N.C.G.S. § 5A-15(e) (Cum.Supp.1989). 3. Proof must be beyond a reasonable doubt.”
Shumaker v. Shumaker, 527 S.E.2d 55 (N.C. Ct. App. 2000).
“See N.C.G.S. § 5A-15(e), (f) (1999). I, therefore, would hold the party initiating an action for civil contempt has the burden of proving the elements of civil contempt, including that the alleged contemnor's noncompliance with the court order was willful.”
— N.C. Gen. Stat. § 5A-15(f) — 21 cases
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990).
“N.C.G.S. § 5A-15(e) (Cum.Supp.1989). 3. Proof must be beyond a reasonable doubt.”
State v. Ford, 596 S.E.2d 846 (N.C. Ct. App. 2004).
“An appeal from a summary finding of contempt in district court is reviewed de novo by a superior court.”
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013).
“The procedural requirements of section 5A-15 include, inter alia, (1) the trial court giving notice to the accused in the form of “an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in…”
State v. Phillips, 750 S.E.2d 43 (N.C. Ct. App. 2013).
“In accordance, we review the trial court’s 5 December 2012 order to determine whether Phillips was convicted of indirect criminal contempt pursuant to N.C. Gen. Stat. § 5A-15 and look to the procedure required therein for such convictions.”
— N.C. Gen. Stat. § 5A-15(g) — 1 case
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