NC General Statutes

N.C. Gen. Stat. § 5A-23 (2026)

Proceedings for civil contempt

✓ current as of July 2026

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(a) Proceedings for civil contempt are by motion pursuant to G.S. 5A-23(a1), by the order of a judicial official directing the alleged contemnor to appear at a specified reasonable time and show cause why he should not be held in civil contempt, or by the notice of a judicial official that the alleged contemnor will be held in contempt unless he appears at a specified reasonable time and shows cause why he should not be held in contempt. The order or notice must be given at least five days in advance of the hearing unless good cause is shown. The order or notice may be issued on the motion and sworn statement or affidavit of one with an interest in enforcing the order, including a judge, and a finding by the judicial official of probable cause to believe there is civil contempt.

(a1) Proceedings for civil contempt may be initiated by motion of an aggrieved party giving notice to the alleged contemnor to appear before the court for a hearing on whether the alleged contemnor should be held in civil contempt. A copy of the motion and notice must be served on the alleged contemnor at least five days in advance of the hearing unless good cause is shown. The motion must include a sworn statement or affidavit by the aggrieved party setting forth the reasons why the alleged contemnor should be held in civil contempt. The burden of proof in a hearing pursuant to this subsection shall be on the aggrieved party.

(b) Except when the clerk of superior court has original subject matter jurisdiction and issued the order or when the General Statutes specifically provide for the exercise of contempt power by the clerk of superior court, 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. When the proceedings are before a superior court, venue is in the superior court district or set of districts as defined in G.S. 7A-41.1 of the court which issued the order. Otherwise, venue is in the county where the order was issued.

(d) The judicial official is the trier of facts at the show cause hearing.

(e) At the conclusion of the hearing, the judicial official must enter a finding for or against the alleged contemnor on each of the elements set out in G.S. 5A-21(a). If civil contempt is found, the judicial official must enter an order finding the facts constituting contempt and specifying the action which the contemnor must take to purge himself or herself of the contempt.

(f) A person with an interest in enforcing the order may present the case for a finding of civil contempt for failure to comply with an order.

(g) 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. (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, ss. 2-4; 1987 (Reg. Sess., 1988), c. 1037, s. 46; 1999-361, ss. 2, 4, 5; 2000-140, s. 35; 2017-158, s. 11.)

Notes of Decisions

Cited in 71 cases (16 in the last 5 years), 1980–2026 · leading case: Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016).

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Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). · cites it 8× “See N.C. Gen.Stat. § 5A-23(a1) (2013). The trial court stated that it would consider contempt as of 26 July 2013, which would cover the time periods of the first two contempt motions filed, and based upon the transcript and the dates found in the order, this is what happened,…”

Trivette v. Trivette, 590 S.E.2d 298 (N.C. Ct. App. 2004). · cites it 12× “[21 Defendant next argues that he was not given sufficient notice that he could be held in contempt of court pursuant to G.S. § 5A-23 for wilful failure to pay his child support.”

Moss v. Moss, 730 S.E.2d 203 (N.C. Ct. App. 2012). · cites it 18× “” N.C. Gen. Stat. § 5A-23(a), (a1) (2011). Under the first two methods for initiating a show cause proceeding, the burden of proof is on the alleged contemnor.”

Miller v. Miller, 568 S.E.2d 914 (N.C. Ct. App. 2002). · cites it 8× “" N.C. Gen.Stat. § 5A-23 (e) reads in pertinent part: "[a]t the conclusion of the hearing, the judicial official must enter a finding for or against the alleged contemnor on each of the elements set out in G.”

Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990). · cites it 8× “Defendant asserts that although, under G.S. 5A-23, criminal contempt can be found in a civil contempt proceeding, different procedures are applicable and, since defendant was "accused" of criminal contempt, he was entitled to the benefits of all procedural and constitutional…”

Smith v. Smith, 785 S.E.2d 434 (N.C. Ct. App. 2016). · cites it 11× “As an initial matter, plaintiff argues that the trial court committed reversible error by failing to provide him with the full five-day notice period required for a show cause order entered pursuant to N.C. Gen. Stat. § 5A-23(a) (2015). The Order to Appear and Show Cause and…”

Cumberland Cnty. Ex Rel. Mitchell v. Manning, 822 S.E.2d 305 (N.C. Ct. App. 2018). · cites it 6× “2d 203 , 204-05 (2012) (brackets, quotation marks, and citations omitted); N.C. Gen. Stat. § 5A-23 (2017). Nonetheless, our Court recognized the burden shift under the first two ways of commencement does not divest the trial court of its responsibility to make findings of fact…”

Glesner v. Dembrosky, 327 S.E.2d 60 (N.C. Ct. App. 1985). · cites it 8× “We have recently held that this includes objections to the notice required by G.S. § 5A-23. Bethea v. McDonald, 70 N.C.”

State v. Coleman, 655 S.E.2d 450 (N.C. Ct. App. 2008). · cites it 6× “N.C. Gen. Stat. § 5A-23(a) (2005); Shumaker v.”

Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014). · cites it 11× “” N.C. Gen. Stat. § 5A-23(a) (2013). “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…”

Ray v. Greer, 713 S.E.2d 93 (N.C. Ct. App. 2011). · cites it 7× “Plaintiffs appeal. Plaintiffs first argue that the trial court, in holding Ms.”

Carter v. Hill, 650 S.E.2d 843 (N.C. Ct. App. 2007). · cites it 7× “N.C. Gen. Stat. § 5A-23(a) (2005) (emphasis added).”

Show all 71 citing cases →

— N.C. Gen. Stat. § 5A-23(a) — 32 cases

Carter v. Hill, 650 S.E.2d 843 (N.C. Ct. App. 2007). “N.C. Gen. Stat. § 5A-23(a) (2005) (emphasis added).”

Moss v. Moss, 730 S.E.2d 203 (N.C. Ct. App. 2012). “” N.C. Gen. Stat. § 5A-23(a), (a1) (2011). Under the first two methods for initiating a show cause proceeding, the burden of proof is on the alleged contemnor.”

Smith v. Smith, 785 S.E.2d 434 (N.C. Ct. App. 2016). “As an initial matter, plaintiff argues that the trial court committed reversible error by failing to provide him with the full five-day notice period required for a show cause order entered pursuant to N.C. Gen. Stat. § 5A-23(a) (2015). The Order to Appear and Show Cause and…”

Powe v. Centerpoint Human Servs., 715 S.E.2d 296 (N.C. Ct. App. 2011).

Shumaker v. Shumaker, 527 S.E.2d 55 (N.C. Ct. App. 2000).

— N.C. Gen. Stat. § 5A-23(a)(l) — 1 case

Watson v. Watson, 652 S.E.2d 310 (N.C. Ct. App. 2007).

— N.C. Gen. Stat. § 5A-23(a1) — 21 cases

Cumberland Cnty. Ex Rel. Mitchell v. Manning, 822 S.E.2d 305 (N.C. Ct. App. 2018). “2d 203 , 204-05 (2012) (brackets, quotation marks, and citations omitted); N.C. Gen. Stat. § 5A-23 (2017). Nonetheless, our Court recognized the burden shift under the first two ways of commencement does not divest the trial court of its responsibility to make findings of fact…”

State v. Coleman, 655 S.E.2d 450 (N.C. Ct. App. 2008). “N.C. Gen. Stat. § 5A-23(a) (2005); Shumaker v.”

Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). “See N.C. Gen.Stat. § 5A-23(a1) (2013). The trial court stated that it would consider contempt as of 26 July 2013, which would cover the time periods of the first two contempt motions filed, and based upon the transcript and the dates found in the order, this is what happened,…”

— N.C. Gen. Stat. § 5A-23(al) — 8 cases

Trivette v. Trivette, 590 S.E.2d 298 (N.C. Ct. App. 2004). “[21 Defendant next argues that he was not given sufficient notice that he could be held in contempt of court pursuant to G.S. § 5A-23 for wilful failure to pay his child support.”

Adams Creek Assocs. v. Davis, 652 S.E.2d 677 (N.C. Ct. App. 2007).

Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014). “” N.C. Gen. Stat. § 5A-23(a) (2013). “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…”

Campen v. Featherstone, 564 S.E.2d 616 (N.C. Ct. App. 2002).

Ross v. Ross, 715 S.E.2d 859 (N.C. Ct. App. 2011).

— N.C. Gen. Stat. § 5A-23(b) — 4 cases

Glesner v. Dembrosky, 327 S.E.2d 60 (N.C. Ct. App. 1985). “We have recently held that this includes objections to the notice required by G.S. § 5A-23. Bethea v. McDonald, 70 N.C.”

Dechkovskaia v. Dechkovskaia, 780 S.E.2d 175 (N.C. Ct. App. 2015).

Roybal v. Raulli (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 5A-23(d) — 4 cases

Allison v. Allison, 277 S.E.2d 551 (N.C. Ct. App. 1981).

Ray Lackey Enters., Inc. v. Vill. Inn Lakeside, Inc., 2016 NCBC 9 (N.C. Bus. Ct. 2016).

Plasman v. Decca Furniture (Usa), Inc., 2016 NCBC 20 (N.C. Bus. Ct. 2016).

— N.C. Gen. Stat. § 5A-23(e) — 22 cases

Miller v. Miller, 568 S.E.2d 914 (N.C. Ct. App. 2002). “" N.C. Gen.Stat. § 5A-23 (e) reads in pertinent part: "[a]t the conclusion of the hearing, the judicial official must enter a finding for or against the alleged contemnor on each of the elements set out in G.”

Glesner v. Dembrosky, 327 S.E.2d 60 (N.C. Ct. App. 1985). “We have recently held that this includes objections to the notice required by G.S. § 5A-23. Bethea v. McDonald, 70 N.C.”

McKinney v. Duncan, 808 S.E.2d 509 (N.C. Ct. App. 2017).

— N.C. Gen. Stat. § 5A-23(g) — 6 cases

Hartsell v. Hartsell, 393 S.E.2d 570 (N.C. Ct. App. 1990). “Defendant asserts that although, under G.S. 5A-23, criminal contempt can be found in a civil contempt proceeding, different procedures are applicable and, since defendant was "accused" of criminal contempt, he was entitled to the benefits of all procedural and constitutional…”

MG Newell Co., Inc. v. Wyrick, 370 S.E.2d 431 (N.C. Ct. App. 1988).

Blanchard v. Blanchard (N.C. Ct. App. 2021).

Hirschler v. Hirschler (N.C. Ct. App. 2021).

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