Navigating Emergencies in Family Court in New Jersey
In the realm of family law, situations can arise that demand immediate attention. Whether it's concerns for a child's safety or urgent financial matters, the need to act swiftly can't be overstated. In such instances, filing an emergent application sometimes becomes essential. At Fraser Family Law Office LLC, with over 25 years of experience in family law in New Jersey, our office understands the complexities and emotions involved when urgency strikes. That's why we're here to guide you through the process of filing an emergent application, ensuring your concerns receive the prompt attention they deserve.
What is an Emergent Application?
An emergent application, also known as an Order to Show Cause, is a legal request made to the court for urgent relief. Unlike routine filings (which take at least 24 days before your request is heard), emergent applications are reserved for situations where immediate action is necessary to prevent irreparable harm or address pressing issues that cannot wait for the typical course of legal proceedings. In these emergent situations, the Court can grant temporary relief and then set a date on which the parties are required to appear and “show cause” why relief should or should not be made permanent. The application for temporary relief is usually heard and decided on the same day it is filed with the Court (or within a few days of filing).
Common scenarios that may warrant an emergent application include:
Child Custody and Safety Concerns: If you believe your child is in imminent danger or facing harm in the care of the other parent or guardian, filing an emergent application can prompt the court to intervene swiftly to ensure the child's safety.
Financial Urgency: In cases where there's an urgent need to prevent the dissipation of assets, such as during a divorce proceeding, an emergent application can seek immediate relief to address these pressing financial matters.
Restraining Orders: Instances of domestic violence or threats may necessitate the immediate issuance of a restraining order to protect the safety and well-being of family members.
The Process and Standard for Filing an Order to Show Cause/Emergent Application:
New Jersey Court Rule 4:52-1 addresses Temporary Restraints and Interlocutory Injunctions provides:
On the filing of a complaint seeking injunctive relief, the plaintiff may apply for an order requiring the defendant to show cause why an interlocutory injunction should not be granted pending the disposition of the action. The proceedings shall be recorded verbatim provided that the application is made at a time and place where a reporter or sound recording device is available. The order to show cause shall not, however, include any temporary restraints or other interim relief unless the defendant has either been given notice of the application or consents thereto or it appears from specific facts shown by affidavit or verified complaint that immediate and irreparable damage will probably result to the plaintiff before notice can be served or informally given and a hearing had thereon.
The standard for the issuance of temporary restraints as set forth under Crowe v DeGioia, requires that an applicant to show three key elements:
(1) that the relief is needed to prevent irreparable harm;
(2) the applicant’s claim rests on settled law and has a reasonable probability of succeeding on the merits; and
(3) balancing the relative hardships to the parties reveals that greater harm would occur if a stay is not granted than if it were. 90 N.J. 126 (1982).
How to File an Emergent Application:
Consult with Legal Counsel: Before filing an emergent application, it's crucial to seek guidance from experienced family law attorneys like those at Fraser Family Law Office LLC. Our team can assess your situation, advise you on the best course of action, and prepare the necessary documentation for filing.
Gather Evidence: Supporting your emergent application with compelling evidence is paramount. Document any incidents, communications, or circumstances that demonstrate the urgency of your situation. Your attorney can help you compile and organize this evidence effectively.
File the Application: Once your emergent application is prepared, it must be filed with the appropriate family court. Timing is critical, so ensure all required documents are submitted promptly and accurately. Your attorney will handle the filing process on your behalf, advocating for your interests every step of the way.
At Fraser Family Law Office LLC, we recognize that navigating the complexities of family court can be daunting, especially in urgent situations. Our dedicated team is here to provide compassionate support, strategic guidance, and zealous advocacy to help you achieve a favorable outcome when filing an emergent application. Don't hesitate to reach out to us in your time of need—we're here to help you protect what matters most.
For more information on how we can help you navigate your emergent family law issues, contact us online or call us to schedule a consultation with experienced family law attorney Georgia Fraser, Esq. 609-223-2099.