Navigating family court matters in New Jersey can be overwhelming, especially when urgent issues arise. One legal tool that may be used in time-sensitive situations is an Order to Show Cause (OTSC). If you’re facing an emergency in a family law matter—such as child custody, domestic violence, or enforcement of a court order—understanding how this mechanism works can be critical.
What Is an Order to Show Cause?
An Order to Show Cause is a legal request asking the court to take immediate action before a full hearing can be held. It’s essentially a way to fast-track a case when waiting for a standard motion date might cause irreparable harm.
When you file an OTSC, you are asking the court to:
- Temporarily grant certain relief (often called temporary restraints), and
- Schedule a hearing on a short timeline where the other party must “show cause” why the requested relief should not be granted on a more permanent basis.
When Is an Order to Show Cause Appropriate?
Orders to Show Cause are typically used in emergency or urgent situations, such as:
- Preventing a parent from removing a child from New Jersey without consent or court approval
- Seeking immediate temporary custody or parenting time changes due to safety concerns
- Enforcing or staying an existing court order when non-compliance creates immediate harm such as shut off of electricity or nonpayment of health insurance
- Seeking protection in cases involving harassment, abuse, or threats
Importantly, the court does not grant these lightly. The applicant must show that waiting to be heard in normal motion timelines would cause irreparable harm—a high legal standard that requires more than just inconvenience or delay.
How the Process Works
- Filing: The party seeking the OTSC files a Complaint (or Motion), a Certification explaining the facts, and a proposed form of order.
- Initial Review: A judge reviews the request—usually the same day—and may grant temporary relief pending a hearing.
- Return Date: The court sets a quick return date, often within days or a few weeks, where both parties appear and argue whether the relief should continue.
- Further Proceedings: Depending on the outcome, the court may continue the relief, deny it, or schedule further hearings, including potential trials on unresolved issues.
Tips for Filing (or Defending) an Order to Show Cause
- Be Specific and Factual: Courts need detailed, sworn statements that explain why urgent relief is necessary. Vague or unsupported claims won’t be enough.
- Act Quickly: If you delay filing too long after the emergency arises, the court may doubt the urgency of the situation.
- Be Prepared for Court: The return hearing can be critical. It’s often your best chance to argue your case before temporary orders are made permanent.
Do You Need a Lawyer?
While it’s technically possible to file an Order to Show Cause on your own, it’s strongly recommended to consult a family law attorney. These matters can have lasting impacts on custody, parenting time, and your legal rights. A skilled attorney can ensure your filing meets the court’s procedural and evidentiary standards, increasing your chance of success.
Need Help with an Urgent Family Matter?
At Rigden Lieberman Mignogna our experienced New Jersey family law attorneys are ready to help you protect your rights and your family. Whether you’re seeking emergency relief or need to respond to an Order to Show Cause, we offer compassionate, knowledgeable guidance every step of the way.
