Can an order to show cause undermine a consent order?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an order to show cause undermine a consent order?
I am divorcing, my soon-to-be-ex and I entered into a consent order that took effect last month. In the consent order, I retained sole possession of the property. As a courtesy, I allowed her to stay to the end of the month. It was a struggle. A day before the end of the month I was told that she does not have a place as of yet and she needs more time to find a place. I contend that I have a consent order and was told that she will file an order of cause. Can I not just have her removed by the police, keep the children for the time she says she needs, and enforce the order? Would an order to show cause negate that? Note, we both have joint physical custody of our 3 children, ages 7, 5 and 1 month.
Asked on February 1, 2019 under Family Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do NOT try to remove her yourself, and the police will not, unless you file the proper legal action--in this case, it would be an action for ejectment--to remove her. In New Jersey, all removals from property have to be pursuant to a court order--and not just a consent order, like you describe, but a special type of court order, called a "writ" (if the person is not a rent-paying tenant) or "warrant" (if they were a tenant) which is obtainable only after filing the appropriate legal action. For tenants, that kind of action is a summary disposses or eviction case; for non-tenants, an ejectment action.
Alternately, you could bring a motion in the family court (divorce) case and seek to have the court punish her (e.g. contempt of court) for not following the order. That puts pressure on her to leave, but does not directly remove her.
The law is somewhat technical, and a small paperwork or procedural mistake can force you to start over; you are advised to retain an attorney to help you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.