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

N.C. Gen. Stat. § 5A-22 (2026)

Release when civil contempt no longer continues

✓ current as of July 2026
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(a) A person imprisoned for civil contempt must be released when his civil contempt no longer continues. The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt. Upon finding compliance with the specifications, the sheriff or other officer having custody may release the person without a further order from the court.

(b) On motion of the contemnor, the court must determine if he is subject to release and, on an affirmative determination, order his release. The motion must be directed to the judge who found civil contempt unless he is not available. Then the motion must be made to a judge of the same division in the same 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. The contemnor may also seek his release under other procedures available under the law of this State. (1977, c. 711, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 45.)

 

Notes of Decisions
Cited in 25 cases (5 in the last 5 years), 1984–2025 · leading case: Scott v. Scott, 579 S.E.2d 431 (N.C. Ct. App. 2003).
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Scott v. Scott, 579 S.E.2d 431 (N.C. Ct. App. 2003). · cites it 6× “2d at 65 ; see N.C.G.S. § 5A-22(a) (2001). A defendant's failure to comply with a court order cannot be punished by contempt proceedings unless the disobedience is willful.”
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). · cites it 4× “See N.C. Gen.Stat. § 5A-22(a) (2013) ("The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt.”
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-22(a) (2017) (“A person imprisoned for civil contempt must be released when his civil contempt no longer continues.”
Watson v. Watson, 652 S.E.2d 310 (N.C. Ct. App. 2007). · cites it 2× “Given this history, the trial court properly found that defendant was in contempt of court for failure to comply with these provisions of the consent order.”
Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990). · cites it 2× “See G.S. 5A-22 and Jolly v. Wright, 300 N.C. 83, 92 , 265 S.”
Cnty. of Durham by & Through Durham DSS v. Hodges, 809 S.E.2d 317 (N.C. Ct. App. 2018). · cites it 2× “§ 5A-21 (2015) and N.C. Gen. Stat. § 5A-22 (2015). The 17 June 2016 order directs that defendant both serve a minimum sentence of 90 days and pay $1,000.”
Wellons v. White, 748 S.E.2d 709 (N.C. Ct. App. 2013). · cites it 2× “” N.C. Gen. Stat. § 5A-22(a) (2011); see also Cox, 133 N.”
Cox v. Cox, 515 S.E.2d 61 (N.C. Ct. App. 1999). · cites it 2× “Defendant argues that the condition set out in the trial court’s 4 November 1997 civil contempt order was so vague that it was impossible for defendant to purge herself of contempt.”
Adams Creek Assocs. v. Davis, 810 S.E.2d 6 (N.C. Ct. App. 2018). · cites it 28× “Because I believe that the trial court and the majority opinion have conflated two separate requirements of N.C. Gen. Stat. §§ 5A-22 (2015) and 5A-21(a) (2015), I dissent.”
Nohejl v. First Homes of Craven Cnty., Inc., 461 S.E.2d 10 (N.C. Ct. App. 1995). · cites it 4× “” N.C. Gen. Stat. § 5A-22(a) (1994 Cum. Supp.”
Bethea v. McDonald, 320 S.E.2d 690 (N.C. Ct. App. 1984). · cites it 2× “Although the parties’ stories differed as to whether the child would be picked up in Raleigh or carried to Rockingham, there was no evidence that this mishap occurred intentionally or deliberately on the part of the defendant for the purpose of undermining the visitation rights…”
Wilson v. Guinyard, 801 S.E.2d 700 (N.C. Ct. App. 2017). · cites it 2× “*238 Under N.C. Gen. Stat. § 5A-22(a) (2015), a contempt order "must specify how the person may purge himself of the contempt.”
Show all 25 citing cases →
— N.C. Gen. Stat. § 5A-22(a) — 19 cases
Scott v. Scott, 579 S.E.2d 431 (N.C. Ct. App. 2003). “2d at 65 ; see N.C.G.S. § 5A-22(a) (2001). A defendant's failure to comply with a court order cannot be punished by contempt proceedings unless the disobedience is willful.”
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). “See N.C. Gen.Stat. § 5A-22(a) (2013) ("The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt.”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). “See N.C. Gen. Stat. § 5A-22(a) (2017) (“A person imprisoned for civil contempt must be released when his civil contempt no longer continues.”
Wellons v. White, 748 S.E.2d 709 (N.C. Ct. App. 2013). “” N.C. Gen. Stat. § 5A-22(a) (2011); see also Cox, 133 N.”
Cox v. Cox, 515 S.E.2d 61 (N.C. Ct. App. 1999). “Defendant argues that the condition set out in the trial court’s 4 November 1997 civil contempt order was so vague that it was impossible for defendant to purge herself of contempt.”
— N.C. Gen. Stat. § 5A-22(b) — 1 case
Adams Creek Assocs. v. Davis, 810 S.E.2d 6 (N.C. Ct. App. 2018). “Because I believe that the trial court and the majority opinion have conflated two separate requirements of N.C. Gen. Stat. §§ 5A-22 (2015) and 5A-21(a) (2015), I dissent.”
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