Emergency Motions Filed in New Jersey Family Court
Passaic County Family Lawyers Handling Emergency Motions in Woodland Park, Wayne, Paterson and across Northern New Jersey
Though the relationship between spouses may be amicable, a divorce is never easy. There are emotional and physical tolls that divorce proceedings take on all involved, not to mention financial and time implications. Sometimes, however, the stress endured by one party is amplified beyond measure when their physical safety or that of their children, or their financial security, is threatened by the other partner.
When is an Emergency Motion requested in Family Court?
The rapidity with which the queue of cases is handled depends on their urgency, and general turnaround time in New Jersey is at least a number of weeks. Pursuant to New Jersey Rule 5:5-4(c), Family Court motions are considered 24-day motions. In the case that a partner can show just cause that the safety of their family or finances is threatened, they may file an Emergency Motion, making a formal request that their case be handled in an expedited manner. If the Emergency Motion, known as an Order to Show Cause, is granted, the court system will expedite the judge’s review of the case to a few days.
Emergency Motions can be requested and filed for any number of legal matters that require immediate attention by the court. They are only awarded if the issue is truly an emergency. In New Jersey family law, an Emergency Motion is generally requested when there is an issue that will cause severe damage to person or material if the case is not handled immediately.
Emergency Motions in Child Custody Cases
In a child custody case in family court, an Order to Show Cause would be filed if children are living in squalid, unsafe conditions; or if one partner displays behavior that could be considered a threat to take the children unlawfully. Expedited action taken by the court would safely remove children from the home and custody in which they are unsafely residing. According to New Jersey law, as reported by the National Network to End Domestic Violence, if children are removed from unsafe conditions, they are placed in the temporary custody of another adult, often the parent who filed the Emergency Motion. Temporary custody does not have an impact on the final results of the custody hearing and lasts only a short time until both parents appear in court for the custody hearing.
Emergency Motions in Divorce Cases
While the focus in child custody cases is on the welfare and safety of the involved children, a divorce case considers a broader array of personal and material assets that may come under attack by a begrudging spouse. In addition to an Emergency Motion being available if children are threatened during a divorce proceeding, additional financial considerations are taken into account. One common cause of the filing of an Emergency Motion in divorce hearings is when one partner threatens to remove financial assets from a shared account to one to which the other partner does not have access.
If an Emergency Motion is filed, the judge has the capacity to block such an irreversible transfer from taking place.
Contact our skilled legal team for family law related consultation today
If you are involved in child custody, divorce, or other family law case and you are concerned for the safety or welfare of your family and assets during the proceedings, please don’t hesitate to contact our law offices to schedule a consultation. A member of our experienced legal team will advise you on the next steps to ensure the security of all you care deeply about during this tenuous process.
If you have questions regarding emergency motions, or are unaware as to the terms and conditions in, talk to, and retain, a family law attorney who can help. Contact The Montanari Law Group to discuss your case further. You can reach us by phone at 973-233-4396 or by checking our website.