Defining an Emergency in New Jersey Family Law
Often times, New Jersey Family Court litigants experience issues that require the immediate attention of the Court. Whether these issues arise during the pendency of a divorce or child custody dispute, or after the initial litigation has concluded, when emergencies arise in the context of a family dispute, it can be stressful for all parties involved.
If you are facing an emergency situation, you may benefit from the guidance of an experienced New Jersey family law attorney in presenting your emergent request for relief to the Court. Having an experienced Family Court practitioner by your side in these situations can greatly decrease the stress involved, as you can be sure that the emergency is presented to the Court with a thorough legal analysis of the issues and that all procedural requirements for an emergent application have been met.
The standard the Court must apply in New Jersey for granting emergent relief is governed by the case of Crowe v. DeGioia. This case provides the following legal principles:
(1) A preliminary injunction should not issue except when necessary to prevent irreparable harm;
(2) Temporary relief should be withheld when the legal right underlying the filing party’s claim is unsettled;
(3) A preliminary injunction should not issue where the material facts are controverted; and
(4) In considering the granting of a preliminary injunction, the Court must weigh the relative hardship to the parties in granting or denying relief.
The New Jersey family law attorneys at Townsend, Tomaio & Newmark are well-versed in presenting such emergent requests to the Court and are available to meet with you today to discuss your emergency situation. Contact our Morris County law offices at 973-828-0829 for immediate assistance.