What happens after I file a contempt motion in family court, and how soon could a hearing be set? – North Carolina

Short Answer

In North Carolina family court, once a party files a motion for contempt, the case will be set for a hearing before a district court judge, either through a notice of hearing or an order to show cause. State law generally requires that the person accused of contempt receive at least five days’ notice of the hearing unless the judge finds good cause to shorten that time. How quickly a hearing is actually set depends on the county’s calendar and the judge’s docket, which can range from a couple of weeks to several months.

Understanding the Problem

The question is: after a party in a North Carolina family law case files a contempt motion, what procedural steps follow in family court, and how soon could the court set a hearing? In family law, contempt usually involves claims that a party failed to follow an existing order, such as a custody, visitation, or support order. The concern is what the filing actually triggers: who schedules the hearing, how much notice the other party must receive, and what typical timing looks like on a North Carolina district court family calendar.

Apply the Law

Under North Carolina law, most family law contempt actions are civil contempt proceedings in district court. A party usually starts the process by filing a verified motion for civil contempt, and the court then moves the case toward a hearing by issuing a notice of hearing or an order to show cause. The alleged contemnor must receive advance written notice of the hearing, and the district court judge serves as the decision-maker.

Key Requirements

Proper initiation: The aggrieved party must file a motion for contempt (often verified or with a sworn statement) in the same North Carolina district court case where the original family order was entered.
Adequate notice and scheduling: The court (or sometimes the moving party working through the clerk or family court staff) must secure a hearing date and ensure the alleged contemnor receives written notice or an order to show cause, generally at least five days before the hearing unless good cause exists.
Hearing before a district court judge: A North Carolina district court judge hears the contempt matter, determines whether the elements of civil contempt are met, and, if so, enters an order that includes how the contemnor can purge the contempt.

What the Statutes Say

N.C. Gen. Stat. § 5A-23 (Proceedings for civil contempt) – Explains how civil contempt is initiated, who hears it, and requires at least five days’ advance notice of the hearing unless there is good cause.
N.C. Gen. Stat. § 5A-21 (Civil contempt; imprisonment to compel compliance) – Sets out the basic elements of civil contempt and authorizes sanctions to compel compliance.

Analysis

Apply the Rule to the Facts: In the described family law case, the party has already completed the contempt motion paperwork and plans to file it in the North Carolina county where the underlying case is pending. After filing, the case will be placed on the district court’s calendar either through a family court coordinator or the clerk’s office, depending on local practice. The other party must receive at least five days’ notice of the hearing date unless a judge finds good cause to shorten that period, so the earliest realistic hearing date will usually be at least several days out, and often longer based on the local docket.

Process & Timing

Who files: The aggrieved party (often through counsel). Where: In the existing North Carolina district court family case, usually through the Clerk of Superior Court or family court office in the county where the order was entered. What: A motion for civil contempt, typically verified or supported by an affidavit, and any local notice-of-hearing or calendar request forms required by that county. When: Any time after there is a claimed violation of an existing court order.
After filing, court staff or the moving party obtains a hearing date on a family law or contempt calendar. The clerk or family court coordinator then issues either a formal notice of hearing or an order to show cause setting the date, time, and courtroom. Realistically, calendars may place hearings anywhere from a couple of weeks to a few months out, depending on county caseload and the judge’s availability.
The moving party must ensure proper service of the motion and the notice or show cause order on the alleged contemnor. At the hearing, the district court judge hears evidence, decides whether contempt has been proven, and then enters a written order either denying contempt or imposing remedial measures and stating how the contemnor may purge the contempt.

Exceptions & Pitfalls

Some contempt matters may proceed under criminal contempt rules instead of civil contempt, which involve different procedures and protections; the court decides how to treat the filing based on the relief requested and the conduct alleged.
Failing to verify the motion or include a sworn statement can cause delay if the judge requires that form of support before issuing an order to show cause or allowing the hearing to proceed.
Improper or late service of the motion and hearing notice can lead to continuances or dismissal of the contempt effort, so following local service rules and timing is critical.

Conclusion

After a party files a contempt motion in a North Carolina family law case, the court places the matter on a district court calendar and issues either a notice of hearing or an order to show cause directed to the alleged contemnor. The law requires that the alleged contemnor receive at least five days’ advance notice of the hearing unless good cause exists to shorten that time, and actual scheduling depends on the local docket. The next concrete step is to file the verified motion and work with the clerk or family court office to obtain a hearing date and ensure timely service of the notice.

Talk to a Family Law Attorney

If a party is dealing with a contempt motion in a North Carolina family court case and needs to understand what happens after filing and how soon a hearing could be set, our firm has experienced attorneys who can help explain the process, check the paperwork, and review local timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.