(a) A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge.
(b) Upon appeal in a case where the judicial official imposes confinement, a bail hearing shall be held within a reasonable time period after imposition of the confinement. The judicial official holding the bail hearing shall be:
(1) A district court judge if the confinement is imposed by a clerk or magistrate.
(2) A superior court judge if the confinement is imposed by a district court judge.
(3) A superior court judge other than the superior court judge that imposed the confinement.
(c) A person found in contempt and who has given notice of appeal may be retained in custody not more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated under subdivisions (1) through (3) of subsection (b) of this section. If a designated judicial official has not acted within 24 hours of the imposition of confinement, any judicial official shall act under the provisions of subsection (b) of this section and hold the bail hearing. (1977, c. 711, s. 3; 2013-303, s. 1.)
Notes of Decisions
Cited in
21
cases (
2 in the last 5 years), 1982–2025 · leading case:
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001).
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001).
· cites it 10× “00 as counsel fees "in the underlying custody and support action" appears to be properly before this Court, and I concur in the portion of the majority opinion affirming that award.”
Summerville v. Summerville, 814 S.E.2d 887 (N.C. Ct. App. 2018).
· cites it 4× “Appeals from criminal contempt orders are governed by N.C. Gen. Stat. § 5A-17, which states as follows: A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior…”
Hancock v. Hancock, 471 S.E.2d 415 (N.C. Ct. App. 1996).
· cites it 2× “N.C. Gen. Stat. § 5A-17 (1986). However, in civil contempt matters, appeal is from the district court to this Court.”
State v. Ford, 596 S.E.2d 846 (N.C. Ct. App. 2004).
· cites it 2× “N.C. Gen. Stat. § 5A-17 (2003). The de novo hearings are plenary proceedings that must be conducted in accordance with N.”
McKinney v. McKinney, 799 S.E.2d 280 (N.C. Ct. App. 2017).
· cites it 2× “Civil Contempt On 10 September 2014, the district court rendered its oral order finding Father in civil contempt for "failing to return the child pursuant to the [2009 Custody Order] and the [2014 Consent Order].”
Hodges v. Hodges, 577 S.E.2d 121 (N.C. Ct. App. 2003).
· cites it 6× “Defendant appealed the judgment and requested a trial de novo, to which he was entitled by section 5A-17 of our General Statutes. The appeal was scheduled to be heard in superior court in Boone on 4 September 2001.”
Hammock v. Bencini, 391 S.E.2d 210 (N.C. Ct. App. 1990).
· cites it 3× “On January 10, 1989 the plaintiff filed a notice of appeal for a de novo criminal contempt hearing in superior court pursuant to N.C.G.S. § 5A-17 (1986). At that time Judge Bencini refused to sign a stay releasing the plaintiff from jail, but a superior court judge did so on…”
Brooks v. Jones, 466 S.E.2d 344 (N.C. Ct. App. 1996).
· cites it 2× “N.C. Gen. Stat. § 5A-17 (1986). In civil contempt matters, appeal is from the district court to this Court.”
Michael v. Michael, 336 S.E.2d 414 (N.C. Ct. App. 1985).
“G.S. 5A-17 provides: A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial officer inferior to a superior court judge is by hearing de novo before a superior court judge.”
Patterson v. Phillips, 289 S.E.2d 48 (N.C. Ct. App. 1982).
“G.S. 5A-17 provides, “A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge.”
State v. Okwara, 733 S.E.2d 576 (N.C. Ct. App. 2012).
· cites it 2× “]” N.C. Gen. Stat. § 5A-17 (2011). In criminal cases, the appellant must either (1) “give[] oral notice of appeal at trial, or (2) fil[e] notice of appeal with the clerk of superior court[.”
— N.C. Gen. Stat. § 5A-17(a) — 5 cases
Summerville v. Summerville, 814 S.E.2d 887 (N.C. Ct. App. 2018).
“Appeals from criminal contempt orders are governed by N.C. Gen. Stat. § 5A-17, which states as follows: A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior…”
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