What is Failure to Comply?

February 23, 2024

In North Carolina, "failure to comply" typically refers to a situation where an individual does not adhere to an order of the court, leading to potential legal consequences.

In the majority of scenarios, this means that you have failed to pay a fine ordered by the court.

Failure to comply with a court order is considered a continuing civil contempt as long as the order remains in force, the purpose of the order can still be served by compliance, the noncompliance is willful, and the person directed by the order is able to comply or take reasonable measures to do so.

When someone fails to comply with a court order, they may face civil contempt proceedings. In civil contempt cases, individuals may be subject to sanctions such as fines or imprisonment until they comply with the court's order. It's important to note that failure to comply with certain orders, such as failure to obtain a license before driving a motor vehicle in violation of G.S. 20-7(a), can result in specific penalties under North Carolina law.

Not to be confused with a failure to appear, which means that you failed to show up to court for your hearing which typically results in a warrant for your arrest and a suspended license.

see also: What is Failure to Appear FTA or Failure To Comply FTC?

In summary, "failure to comply" in North Carolina refers to not following a court order, which can lead to civil contempt proceedings and potential legal repercussions. It is essential for individuals facing such situations to seek legal advice and understand their rights and obligations under the law.