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No injunction or restraint shall be granted in one action to stay proceedings in another pending action in the Superior Court, but such relief may be sought on counterclaim or otherwise in the pending action.
Protections Under the Fourth Amendment In other words, the Constitution protects U.S. citizens from unreasonable search and seizure, as well as arbitrary arrests. New Jersey's Constitution echoes federal law and provides additional language, offering further protection from unreasonable search and seizure.
Emergency Custody Grounds The other parent is in police custody. The parent has been incarcerated. The child has been taken to (or there is a real imminent threat with substantive proof of that threat) another state or country without the permission of the other parent or relevant court, known as parental kidnapping.
Orders to Show Cause are generally used to avert or prevent irreparable harm to a child or to protect their health, safety, and welfare. Prevention of harm is the reason to seek emergent remedy with the court. The court, in its discretion, may issue an emergency order.
The court usually grants temporary sole physical custody to one parent and visitation to the other. The court uses the guideline child support formula to calculate how much temporary child support will be. The judge will consider how temporary orders worked when making the final orders.
Where Are Orders to Show Cause Filed? Typically, Orders to Show Cause are filed in the Superior Court, Chancery Division, General Equity Part. Such cases do not predominantly concern a party seeking money damages. Rather, they are looking for some sort of equitable relief that an award of money will not satisfy.