Rule 8 - Setting Bonds in Domestic Violence Cases and other related issues8.1 Persons arrested pursuant to N.C.G.S. ISA-534.I, SHALL be brought before a District Court Judge at the very next available session of district court. If there is no court scheduled within 48 hours of the arrest, the magistrate SHALL set conditions of release and advise the defendant of the Domestic Violence no-contact provisions using the local form attached hereto. (See Conditions of Release For Person Charged with a Crime of Domestic Violence form attached)8.2 In all cases which are initiated by the general public, the magistrate shall issue a subpoena to the prosecuting witness, ordering him/her to appear in court on the scheduled court date. Exceptions to this provision would be if a misdemeanor and felony are charged at the same time. In the event a felony and misdemeanor domestic violence matter are charged at the same time, the felony provision above shall apply. The felony and misdemeanor shall be set on a first appearance date and the presiding district court judge will determine the appropriate court date.8.3 Attorneys should refrain from making contact with a judge regarding setting domestic violence conditions of pretrial release, unless the attorney has made contact with the District Attorney and the District Attorney has had an opportunity to be heard regarding any conditions of pretrial release to include any domestic violence no-contact provisions. If the District Attorney consents to the setting of pretrial release conditions and any other provisions, the attorney and the District Attorney will make contact with a judge to prevent any improper ex parte communications. Said consent by the District Attorney shall be memorialized in writing and a copy placed in the file/shuck as soon as possible.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8
Amended effective 1/5/2023.