As family law practitioners, we often receive urgent communications from clients advising that there is an emergency, and they want to be heard by the Court right away. It is important for litigants involved in divorce matters to understand that there are certain procedures that must be followed pursuant to New Jersey Court Rules and what might be considered an emergency to the litigant, might not be considered one by the Court.
In New Jersey divorce cases, most requests for relief are addressed by pendente lite applications that are not emergent. The typical pre-judgment application must be filed at least 24 days before the time specified for the return date (i.e., the date the Court might consider the application).
When an emergency presents itself in a New Jersey divorce case, however, the litigant can consider filing an application known as an Order to Show Cause (OTSC), which allows one party to seek emergency relief from the Court. An Order to Show Cause should be tailored to the specific urgent issue. However, not every request qualifies as an emergency under New Jersey law. Understanding the legal standard for obtaining an Order to Show Cause is crucial for those navigating the divorce process in New Jersey.
Pursuant to the New Jersey Supreme Court decision of Crowe v. DeGioia, to obtain emergent relief, the moving party must demonstrate a risk of immediate, irreparable harm if the relief sought is not granted. In addition, the party seeking emergency relief must show a well-established legal claim with a reasonable probability of success on the merits. Moreover, the Court must also take into consideration the relative hardship to the parties if the requested relief were to be granted.
It is important for litigants to understand that New Jersey Courts consider harm to be irreparable in equity if it cannot be redressed adequately by monetary damages. In other words, if the issue is financial in nature, a litigant will be hard-pressed to establish there is irreparable harm in the eyes of the Court absent extraordinary circumstances. On the other hand, if the matter involves the urgent safety and health of the children, it might be necessary to file an emergent application with the Court.
If you are in the midst of an urgent matter, contact an experienced attorney at Cohn Lifland to discuss whether an Order to Show Cause is appropriate.