N.C. R. Prac. Super. & Dist. Ct. Form Form
STATE OF NORTH CAROLIN 1st JUDICIAL DISTRICT | IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION |
_________ COUNTY | _____ CR ___________________ |
____IF____________________ | |
STATE OF N.C. | ____MOTION AND ORDER TO RECALL |
____ORDER FOR ARREST (OFA); | |
vs. | FAILURE TO APPEAR (FTA); |
____STRIKE CALLED AND FAILED | |
___________ | ____AND SET ASIDE BOND FORFEITURE |
DEFENDANT NAME | (15A-544.5) |
Defendant is charged with the following: (list All charges as they appear on the OFA)
____________________________________
Now comes the Defendant, respectfully moving this Court to strike the Failure to Appear (FTA), Called and Failed, set aside/strike the Forfeiture of Bond and to recall the Order For Arrest (OFA), that occurred on _____ (date), with Judge ______, presiding, and further requests that this matter be rescheduled for Court. In support of this motion, the defendant shows unto the Court, the following:
1. ___ This motion is being made by the defendant's attorney, who is making a ________ general appearance or a __________ limited appearance pursuant to G.S. I SA-I 41 (2)&(3).
2. That the defendant failed to appear for the following compelling reason: (attach any suppo 1 ting documents)___________________
____________________________________
Date:_____ Signature: _____________________
___Defendant___Attorney ___________( printed name)
Notice to DA/ADA
Now comes the District Attorney's Office, acknowledging that it has been notified of this Motion and request the following:
_ Consent to the Motion and do not wish to be heard further.
_ Opposes the Motion and requests to be heard.
_ Opposes the Motion and do not request to be heard.
Date: _______ Signature: ____________
District Attorney/Assistant District Attorney
ORDER OF THE COURT
For good cause shown and upon a hearing in open court, or if in chambers, upon the State's indication of its consent or wavier of its right to be heard, and based upon any arguments of the parties, the Court hereby ORDERS the following:
1. The Motion is DENIED.
2. _ _ The Motion is GRANTED, and it is hereby ordered that any Called and Failed, any OF A and any FTA, along with any FTA fee/costs or other administrative fee, are recalled/stricken.
Date: __ Signature: _____________
_ Presiding District Court Judge on Defendant failed to appear
_ District Court Judge hearing Motion
_ Chief District Court Judge
NEW COURT DATE: ________
STATE OF NORTH CAROLINA | IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO | |
COUNTY OF DARE | ||
: | ||
STATE OF NORTH CAROLINA, | : | |
Plaintiff, | : | FIRST DISTRICT DOMESTIC VIOLENCE |
: | RISK ASSESSMENT | |
v. | : | |
: | ||
_________ | : | |
Defendant. | : |
[] 1. ls there currently in effect a domestic violence protective order against the Defendant?
[] 2. Are there pending criminal charges against the Defendant alleging violent behavior?
[] 3. Did the Defendant threaten to kill or injure the Plaintiff , a child, or other family member?
[] 4. Was a weapon used or threatened to be used by the Defendant against the Plaintiff, a child, or other family member?
[] 5. w ere there physical injuries to the Plaintiff , a child or other family member?
If so, [] minor [] serious [] severe
[] 6. Does the Defendant have a history of violent criminal charges/convictions?
[] 7. Has the Defendant been stalking the Plaintiff ?
[] 8. Has the Defendant threatened suicide?
[] 9. Have the parties recently separated?
[] 10. That the Defendant and/or his proximity to the Plaintiff poses a substantial threat to his/her person, children, or other family members' safety.
This the __ day of _______, 20 _.
_______________________________
[] District/Superior Court Judge Presiding
[] Magistrate
[] Clerk of Court
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. Form Form