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

N.C. Gen. Stat. § 5A-21 (2026)

Civil contempt; imprisonment to compel compliance

✓ current as of July 2026
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(a) Failure to comply with an order of a court is a continuing civil contempt as long as:

(1) The order remains in force;

(2) The purpose of the order may still be served by compliance with the order;

(2a) The noncompliance by the person to whom the order is directed is willful; and

(3) The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.

(b) A person who is found in civil contempt may be imprisoned as long as the civil contempt continues, subject to the limitations provided in subsections (b1) and (b2) of this section. Notwithstanding subsection (b2) of this section, if a person is found in civil contempt for failure to pay child support or failure to comply with a court order to perform an act that does not require the payment of a monetary judgment, the person may be imprisoned as long as the civil contempt continues without further hearing.

(b1) A person who is found in civil contempt, but was not arrested, for failure to comply with a nontestimonial identification order issued pursuant to Article 14, Nontestimonial Identification Order, of Chapter 15A of the General Statutes may not be imprisoned more than 90 days unless the person is arrested on probable cause.

(b2) The period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court. A person who has not purged himself or herself of the contempt within the period of imprisonment imposed by the court under this subsection may be recommitted for one or more successive periods of imprisonment, each not to exceed 90 days. However, the total period of imprisonment for the same act of disobedience or refusal to comply with the order of the court shall not exceed 12 months, including both the initial period of imprisonment imposed under this section and any additional period of imprisonment imposed under this subsection. Before the court may recommit a person to any additional period of imprisonment under this subsection, the court shall conduct a hearing de novo. The court must enter a finding for or against the alleged contemnor on each of the elements of G.S. 5A-21(a), and must find that all of elements of G.S. 5A-21(a) continue to exist before the person can be recommitted. For purposes of this subsection, a person's failure or refusal to purge himself or herself of contempt shall not be deemed a separate or additional act of disobedience, failure, or refusal to comply with an order of the court.

(c) A person who is found in civil contempt under this Article shall not, for the same conduct, be found in criminal contempt under Article 1 of this Chapter.

(d) A person who is found in civil contempt under this Article is not subject to the imposition of a fine. (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, s. 1; 1999-361, s. 1; 2015-210, s. 1.)

 

Notes of Decisions
Cited in 135 cases (22 in the last 5 years), 1980–2026 · leading case: State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016).
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State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016). · cites it 32× “§§ 5A-11 to -17 (2105), and civil contempt, governed by Article 2, see N.C. Gen. Stat. §§ 5A-21 to -25 (2105). Under Article 1, N.”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). · cites it 16× “” See generally N.C. Gen. Stat. § 5A-21 (2017). North Carolina General Statutes Chapter 5A, Article 1 deals with Criminal Contempt, which may be either direct or indirect.”
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001). · cites it 18× “§ 5A-11(a)(3) (1999), or civil contempt, N.C.G.S. § 5A-21(b) (1999), if an individual willfully disobeys a court order.”
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). · cites it 5× “N.C. Gen.Stat. § 5A-21(a) provides: Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; *274 (2a) The noncompliance by the person to…”
Hill v. Hill, 821 S.E.2d 210 (N.C. Ct. App. 2018). · cites it 14× “Application of N.C. Gen. Stat. § 5A-21 Husband first argues the trial court erred as a matter of law by holding him in contempt based upon "its application of the civil contempt statute.”
Smith v. Smith, 785 S.E.2d 434 (N.C. Ct. App. 2016). · cites it 12× “is willful; and . . . [t]he person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.”
Miller v. Miller, 568 S.E.2d 914 (N.C. Ct. App. 2002). · cites it 6× “" N.C. Gen.Stat. § 5A-21(a) (2001), in turn reads: (a) Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; (2a) The noncompliance by…”
Henderson v. Henderson, 298 S.E.2d 345 (N.C. 1983). · cites it 8× “See G.S. § 5A-21. The trial court must find as a fact that the defendant presently possesses the means to comply.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996). · cites it 18× “Here, defendant did not fail to comply with the court order, nor was the order directed at him. Defendant's actions unquestionably impeded plaintiff's ability to comply with the 24 May 1994 order.”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990). · cites it 6× “§ 5A-12(d) (1986); N.C.G.S. § 5A-21(c) (1986).”
Watson v. Watson, 652 S.E.2d 310 (N.C. Ct. App. 2007). · cites it 4× “The statute governing civil contempt, N.C. Gen. Stat. § 5A-21, does not authorize a trial court to award costs to a party in a contempt proceeding to enforce an equitable distribution consent order.”
Cnty. of Durham by & Through Durham DSS v. Hodges, 809 S.E.2d 317 (N.C. Ct. App. 2018). · cites it 6× “This would be the typical purge condition allowed by N.C. Gen. Stat. § 5A-21 (2015) and N.C. Gen.”
Show all 135 citing cases →
N.C. Gen. Stat. § 5A-21(2a): 2 cases
Carter v. Hill, 650 S.E.2d 843 (N.C. Ct. App. 2007).
Ray Lackey Enters., Inc. v. Vill. Inn Lakeside, Inc., 2016 NCBC 9 (N.C. Bus. Ct. 2016).
N.C. Gen. Stat. § 5A-21(3): 1 case
Lunsford v. Jbl Commc'ns, LLC, 2021 NCBC 14 (N.C. Bus. Ct. 2021).
N.C. Gen. Stat. § 5A-21(a): 72 cases
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). “N.C. Gen.Stat. § 5A-21(a) provides: Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; *274 (2a) The noncompliance by the person to…”
Miller v. Miller, 568 S.E.2d 914 (N.C. Ct. App. 2002). “" N.C. Gen.Stat. § 5A-21(a) (2001), in turn reads: (a) Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; (2a) The noncompliance by…”
Powers v. Powers, 407 S.E.2d 269 (N.C. Ct. App. 1991).
Smith v. Smith, 785 S.E.2d 434 (N.C. Ct. App. 2016). “is willful; and . . . [t]he person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.”
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016). “§§ 5A-11 to -17 (2105), and civil contempt, governed by Article 2, see N.C. Gen. Stat. §§ 5A-21 to -25 (2105). Under Article 1, N.”
N.C. Gen. Stat. § 5A-21(a)(1): 7 cases
Hill v. Hill, 821 S.E.2d 210 (N.C. Ct. App. 2018). “Application of N.C. Gen. Stat. § 5A-21 Husband first argues the trial court erred as a matter of law by holding him in contempt based upon "its application of the civil contempt statute.”
Collins v. Holley (N.C. Ct. App. 2025).
Taylor v. Taylor (N.C. Ct. App. 2025).
Ahdi v. Ahdi (N.C. Ct. App. 2026).
Ahdi v. Ahdi (N.C. Ct. App. 2026).
N.C. Gen. Stat. § 5A-21(a)(2): 4 cases
Watson v. Watson, 652 S.E.2d 310 (N.C. Ct. App. 2007). “The statute governing civil contempt, N.C. Gen. Stat. § 5A-21, does not authorize a trial court to award costs to a party in a contempt proceeding to enforce an equitable distribution consent order.”
Adams Creek Assocs. v. Davis, 810 S.E.2d 6 (N.C. Ct. App. 2018).
Am. Transp. Grp. Ins. Risk Retention Grp. v. Mvt Ins. Servs., Inc., 2021 NCBC 8 (N.C. Bus. Ct. 2021).
Plasman v. Decca Furniture (Usa), Inc., 2016 NCBC 20 (N.C. Bus. Ct. 2016).
N.C. Gen. Stat. § 5A-21(a)(2007): 1 case
Helms v. Landry, 681 S.E.2d 566 (N.C. Ct. App. 2009).
N.C. Gen. Stat. § 5A-21(a)(2a): 9 cases
Eakes v. Eakes, 669 S.E.2d 891 (N.C. Ct. App. 2008).
Williams v. Chaney, 792 S.E.2d 207 (N.C. Ct. App. 2016).
Davis v. Davis, 748 S.E.2d 594 (N.C. Ct. App. 2013).
Adams Creek Assocs. v. Davis, 810 S.E.2d 6 (N.C. Ct. App. 2018).
Haythe v. Haythe (N.C. Ct. App. 2024).
N.C. Gen. Stat. § 5A-21(a)(3): 11 cases
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). “” See generally N.C. Gen. Stat. § 5A-21 (2017). North Carolina General Statutes Chapter 5A, Article 1 deals with Criminal Contempt, which may be either direct or indirect.”
Atassi v. Atassi, 470 S.E.2d 59 (N.C. Ct. App. 1996). “Here, defendant did not fail to comply with the court order, nor was the order directed at him. Defendant's actions unquestionably impeded plaintiff's ability to comply with the 24 May 1994 order.”
Smith v. Smith, 785 S.E.2d 434 (N.C. Ct. App. 2016). “is willful; and . . . [t]he person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.”
Cnty. of Durham by & Through Durham DSS v. Hodges, 809 S.E.2d 317 (N.C. Ct. App. 2018). “This would be the typical purge condition allowed by N.C. Gen. Stat. § 5A-21 (2015) and N.C. Gen.”
Chused v. Chused, 508 S.E.2d 559 (N.C. Ct. App. 1998).
N.C. Gen. Stat. § 5A-21(a)(l): 1 case
Onslow Cnty. v. Moore, 499 S.E.2d 780 (N.C. Ct. App. 1998).
N.C. Gen. Stat. § 5A-21(a1): 1 case
Pocoroba v. Gregor (N.C. Ct. App. 2024).
N.C. Gen. Stat. § 5A-21(b): 12 cases
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001). “§ 5A-11(a)(3) (1999), or civil contempt, N.C.G.S. § 5A-21(b) (1999), if an individual willfully disobeys a court order.”
Tigani v. Tigani, 805 S.E.2d 546 (N.C. Ct. App. 2017).
Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014).
Adams Creek Assocs. v. Davis, 810 S.E.2d 6 (N.C. Ct. App. 2018).
North Carolina Dep't of Transp. v. Davenport, 432 S.E.2d 303 (N.C. 1993).
N.C. Gen. Stat. § 5A-21(b)(1999): 1 case
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001). “§ 5A-11(a)(3) (1999), or civil contempt, N.C.G.S. § 5A-21(b) (1999), if an individual willfully disobeys a court order.”
N.C. Gen. Stat. § 5A-21(b)(b1)(b2): 1 case
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001). “§ 5A-11(a)(3) (1999), or civil contempt, N.C.G.S. § 5A-21(b) (1999), if an individual willfully disobeys a court order.”
N.C. Gen. Stat. § 5A-21(b)(b1)(b2)(1999): 1 case
Reynolds v. Reynolds, 557 S.E.2d 126 (N.C. Ct. App. 2001). “§ 5A-11(a)(3) (1999), or civil contempt, N.C.G.S. § 5A-21(b) (1999), if an individual willfully disobeys a court order.”
N.C. Gen. Stat. § 5A-21(b2): 2 cases
Adams Creek Assocs. v. Davis, 652 S.E.2d 677 (N.C. Ct. App. 2007).
McKenzie v. McKenzie (N.C. Ct. App. 2020).
N.C. Gen. Stat. § 5A-21(c): 7 cases
State v. Revels, 793 S.E.2d 744 (N.C. Ct. App. 2016). “§§ 5A-11 to -17 (2105), and civil contempt, governed by Article 2, see N.C. Gen. Stat. §§ 5A-21 to -25 (2105). Under Article 1, N.”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). “” See generally N.C. Gen. Stat. § 5A-21 (2017). North Carolina General Statutes Chapter 5A, Article 1 deals with Criminal Contempt, which may be either direct or indirect.”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990). “§ 5A-12(d) (1986); N.C.G.S. § 5A-21(c) (1986).”
Adams Creek Assocs. v. Davis, 652 S.E.2d 677 (N.C. Ct. App. 2007).
Lowder v. All Star Mills, Inc., 273 S.E.2d 247 (N.C. 1981).
N.C. Gen. Stat. § 5A-21(d): 1 case
Ray Lackey Enters., Inc. v. Vill. Inn Lakeside, Inc., 2016 NCBC 9 (N.C. Bus. Ct. 2016).
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