If a matter that is considered to be “emergent” exists and requires an immediate attention from the court, the parties will proceed on an expedited basis. The other attorney (of the nonmoving party, or a respondent) will receive a notice of the hearing; they will have an opportunity to file an opposition. No decision will be made by a judge about any of the issues until the day the hearing is held. This emergent application is known as an Order to Show Cause.
In New York, an Order to Show Cause will be what is called an ex parte application, which means that the other party is not present. The Judge may grant an emergency interim relief, provided that the application is detailed and highlights the truly "emergent" concern. There are certain situations where the Court will strongly consider your application:
Abuse or Neglect
Abandonment of Child
Interface with Visitation
Violation of Court Order
In New Jersey, the requirements to prevailing in an Order to Show Cause application were set out in the matter of Crowe v. DeGioia, 90 N.J. 126 (1982). The moving party must satisfy the following four requirements:
1) the preliminary restraints are necessary to prevent irreparable harm;
2) the legal rights underlying the claims are settled;
3) the material facts are uncontroverted; and
4) the relative hardship to each party after granting or denying the request for relief favors granting the relief.
In addition to these requirements, the relief requested must be truly "imminent," and not merely speculative. Finally, if the harm anticipated would be adequately addressed by money damages, a show cause is not generally appropriate.
For more information, please contact our office for a consultation.
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