NJSBA Family Law Section

I represent Husband in a pending divorce.  At the beginning of the case, Wife filed an OSC and obtained temporary restraints (including restraining Husband from dissipating marital assets and limiting Husband's access to the parties' business accounts).  Prior to the return date of the OSC, we reached an agreement and Wife withdrew her OSC.  

Since the OSC, Husband has been operating the business accounts as he did prior to the divorce.  Both parties used marital assets for various things.  Now, Wife has filed a second OSC and is attempting to sanction Husband because he violated the initial, temporary restraints of the first OSC.  Judge conferenced the case prior to the return date of this OSC and indicated the temporary restraints of the initial OSC were still in place since no subsequent Order was entered.

Our argument, among other things, is that since Wife withdrew her OSC filing prior to the return date and prior to our opportunity to respond (not to mention that we had resolved the issues of the first OSC in their entirety), that Husband should not be sanctioned for violating the initial temporary restraints.  

I'd appreciate any thoughts on this.  Thanks in advance!

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100
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Greg

Your case is a good reminder that a "resolved" or "dismissed" OTSC is not truly concluded without a final order.

On the other hand, the purpose of a temporary restraining order is to maintain the status quo emergently pending a final disposition, and in this case the request for a final order just disappeared.

I think the fair outcome is to treat the new application separately, without regard to the first one, but the judge will do what the judge will do.

Hanan
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 5/17/2014 10:45:26 AM
From: [email protected]
Subject: OSC Question

I represent Husband in a pending divorce.  At the beginning of the case, Wife filed an OSC and obtained temporary restraints (including restraining Husband from dissipating marital assets and limiting Husband's access to the parties' business accounts).  Prior to the return date of the OSC, we reached an agreement and Wife withdrew her OSC.   Since the OSC, Husband has been operating the business accounts as he did prior to the divorce.  Both parties used marital assets for various things.  Now, Wife has filed a second OSC and is attempting to sanction Husband because he violated the initial, temporary restraints of the first OSC.  Judge conferenced the case prior to the return date of this OSC and indicated the temporary restraints of the initial OSC were still in place since no subsequent Order was entered. Our argument, among other things, is that since Wife withdrew her OSC filing prior to the return date and prior to our opportunity to respond (not to mention that we had resolved the issues of the first OSC in their entirety), that Husband should not be sanctioned for violating the initial temporary restraints.   I'd appreciate any thoughts on this.  Thanks in advance! ------------------------------------------- Gregory Thomlison Esq. Toms River NJ (732)736-8100 -------------------------------------------