(a)        A judicial official may orally order that a person he is charging with direct criminal contempt be taken into custody and restrained to the extent necessary to assure his presence for summary proceedings or notice of plenary proceedings.

(b)        If a judicial official who initiates plenary proceedings for contempt under N.C. Gen. Stat. § 5A-15 finds, based on sworn statement or affidavit, probable cause to believe the person ordered to appear will not appear in response to the order, he may issue an order for arrest of the person, pursuant to N.C. Gen. Stat. § 15A-305 A person arrested under this subsection is entitled to release under the provisions of Article 26, Bail, of Chapter 15A of the N.C. Gen. Stat.. (1977, c. 711, s. 3.)

Terms Used In North Carolina General Statutes 5A-16

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
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