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Tag Archives: No-Contact Order

Criminal Practice – Civil Penalty – First Impression — No-Contact Order – Sexual Offenses – Constitutional (access required)

State v. Hunt A no-contact order entered pursuant to G.S. § 15A-1340.50 prohibits one convicted of a sexual offense from contacting his victim. The desire of the legislature to protect a citizen who has been victimized and is in fear of further contact from the defendant, who is part of a class of known recidivists, demonstrates an intent to create a civil, regulatory statute. Therefore, the statute does not violate N.C. art. XI, § 1, which limits criminal punishments to “death, imprisonment, fines, suspension of a jail or prison term with or without conditions, restitution, community service, restraints on liberty, work programs, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under this State.”

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Civil Practice – No-Contact Order – Lack of Fear (access required)

Mills v. Funkhouser The trial court based its conclusion that defendant had committed unlawful conduct against plaintiff solely on one finding of fact: “Defendant has on more than one occasion driven by the Plaintiff’s house causing the Plaintiff to fear for the safety of his father. 5 years of harassing.” However, plaintiff never indicated that he feared for the safety of his father; he merely testified that he did not want defendant engaging his father in conversation because his father didn’t “need to hear that mess.” The remaining finding, “5 years of harassing,” standing alone, does not support a no-contact order under G.S. § 50C-1(6).

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