“Order to Show Cause Denied. This application involves financial relief. See Crowe v. De Gioia, 90 N.J. 126 (1982). File a Motion in the ordinary course.” Whether you have been on the winning or losing side of this type of decision, you have seen similar legal “reasoning.” But, did you know that financial matters—or, more properly stated, the consequences that flow from financial matters—may be ripe for consideration under Crowe?

Most practitioners are aware that Crowe requires a party seeking injunctive relief to demonstrate by clear and convincing evidence that: (1) irreparable harm is likely if the relief is denied; (2) the applicable underlying law is well-settled; (3) the material facts are not substantially disputed and there exists a reasonable probability of ultimate success on the merits; and (4) the balance of the hardship to the parties favors the issuance of the requested relief. Id. at 132-34; see also Brown v. City of Paterson, 424 N.J. Super. 176, 183 (App. Div. 2012). Unfortunately, Crowe has turned into a legal reference used in rote fashion to dispose of any Order to Show Cause seeking financial relief, without regard for the factual underpinnings and legal reasoning undergirding the Supreme Court’s decision. However, the “Crowe factors” can—and should—be used to address emergent financial issues in Family Part matters.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]