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Fill and Sign the Parent Guardian or Custodian of Form

Fill and Sign the Parent Guardian or Custodian of Form

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File No. ORDER IN CONTEMPT PROCEEDING (PARENT, GUARDIAN OR CUSTODIAN OF UNDISCIPLINED OR DELINQUENT JUVENILE) G.S. 5A-11, 5A-21, 7B-1806, 7B-2700, 7B-2706 STATE OF NORTH CAROLINA County In The General Court Of Justice District Court Division IN THE MATTER OF Name And Address Name Of Juvenile (Over) Parent Guardian Custodian This matter was heard before the undersigned judge on an Order to Show Cause why the parent, guardian or custodian named above should not be held in civil or criminal contempt. Based on the evidence, the Court FINDS THE FOLLOWING FACTS beyond a reasonable doubt: 1. The person named above was properly served with an Order to Show Cause on (date) . 2. The person named above was present and was represented by counsel. waived his/her right to be represented by counsel. 3. CIVIL CONTEMPT. The person named above willfully fails and refuses to comply with an order of the court entered on (date) , in that: (describe conduct) The order remains in force, and the purpose of the order may still be served by compliance with its terms. The person is able to comply with the order. take reasonable measures that would enable him/her to comply with the order, namely: (describe measures) 4. CRIMINAL CONTEMPT. The person named above willfully failed to comply with an order of the court entered on (date) , despite his/her ability to comply. He/she failed to comply in that: (describe conduct) 5. CRIMINAL CONTEMPT. After being personally served with a Summons, the person named above willfully failed to appear in this matter on (date) . He/she had the ability to appear and his/her failure to appear was without lawful excuse. 6. CRIMINAL CONTEMPT. The person named above willfully failed to attend a hearing in this matter on (date) . He/she had notice of the hearing, had the ability to attend, and had no lawful excuse for failing to attend. 7. Other: Based on the Findings of Fact, the Court CONCLUDES AS A MATTER OF LAW that: 1. the evidence does not establish that the person named above is in contempt. 2. the person named above is in civil contempt. 3. the person named above is guilty of criminal contempt. 4. Other: NOTE TO CLERK: Black out name of juvenile prior to sending order to sheriff. NC-JOIN No. AOC-J-345, Rev. 12/17, © 2017 Administrative Of�ce of the Courts Date Name Of Judge (type or print)Signature Of Judge Time Of Hearing AM PM Date Of HearingPlace Of Hearing The Court therefore ORDERS that: NOTE: A person who is found in civil contempt shall not, for the same conduct, be found in criminal contempt. G.S. 5A-12(d), 5A-21(c), 5A-23(g). 1. this Contempt Proceeding be dismissed. 2. CIVIL CONTEMPT. The person named on the reverse side shall be immediately taken into custody by the sheriff of this county. The person shall remain in custody until he/she purges himself/herself of contempt by complying with the following release conditions: (specify release conditions) When these conditions have been met, the person shall be released. If the person named on the reverse side is not sooner released, the sheriff is ORDERED to produce him/her in court at the date, time and place set out below to review the above conditions. 3. CRIMINAL CONTEMPT. NOTE TO COURT: If suspending a sentence for contempt, impose judgment on form AOC-CR-604. (check all that apply) the person named on the reverse side is hereby censured for contempt. the person named on the reverse side shall pay a fine of $ (max. $500.00). shall pay the costs of court. the person named on the reverse side shall be imprisoned for a term of days in the custody of the Sheriff. Other: . The person shall be given credit for days’ pretrial con�nement. Work release is recommended. This sentence shall run at the expiration of the sentence imposed in �le number . NOTE TO COURT: If a finding of criminal contempt was made by a judicial official inferior to a Superior Court Judge, the appeal is to Superior Court. G.S. 5A-17. On appeal from criminal contempt imposing confinement, there must be bail hearing “within a reasonable time period” after confinement is imposed. The contemnor may not be confined more than 24 hours without a bail hearing. See G.S. 5A-17(b) for officials who may conduct the hearing. 4. Other: AOC-J-345, Side Two, Rev. 12/17 © 2017 Administrative Of�ce of the Courts

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