In New Brunswick, an Emergency Intervention Order (EIO) can last for a maximum of 180 days. Once granted by a designated official, it takes effect immediately but is automatically forwarded to a judge at the Court of King’s Bench for a mandatory review within a few days to ensure it is legally justified.
Escaping an abusive situation is incredibly difficult, but New Brunswick law provides powerful, immediate tools to protect victims of domestic violence. 🚨 Under the Intimate Partner Violence Intervention Act, an Emergency Intervention Order acts as an immediate shield. However, many individuals are unsure exactly how long this protection lasts and what happens after the initial crisis has passed.
Whether you reside in Moncton, Fredericton, or Saint John, understanding the timeline of your legal protection is critical for planning your next steps safely. This guide explains the lifespan of an Emergency Intervention Order in New Brunswick, how the court reviews it, and what you can do when it eventually expires.
Step-by-Step Process in New Brunswick
An Emergency Intervention Order is designed to be a temporary, urgent solution rather than a permanent family law resolution. ⏳ The process of determining its exact duration involves both an initial decision and a judicial review.
Step 1: The Initial Issuance (Up to 180 Days)
When a Designated Official grants your order, they will state its specific duration right on the document. By law, an EIO in New Brunswick cannot exceed 180 days. For many victims, the official will grant the maximum time allowable to ensure there is an adequate buffer to seek longer-term legal solutions, such as a peace bond or a formal separation agreement.
Step 2: Immediate Enforcement Upon Service
The countdown for the order technically begins, but it cannot be enforced until the respondent (the abusive partner) is formally served by the police or RCMP. 👮 Once they are handed the paperwork, the conditions-such as a no-contact order or a mandate to vacate the shared residence-are immediately legally binding.
Step 3: Mandatory Judicial Review
Because an EIO is granted without the respondent being present, Canadian law requires a swift review to protect everyone’s rights. Within a few business days, the file is automatically sent to a judge at the Court of King’s Bench. The judge will review the evidence provided and can choose to confirm the 180-day order, vary its conditions, or revoke it entirely if they feel the legal threshold of imminent danger was not met.
Step 4: Transitioning to Long-Term Protection
Since the order expires automatically at the end of its stated term (or at the 180-day mark), you must plan ahead. 📋 Many residents in New Brunswick use this safe window to hire a family lawyer to secure a longer-term restraining order, apply for exclusive possession of the marital home, or arrange safe parenting time conditions under the Family Law Act.
How Much Does it Cost in New Brunswick?
Obtaining an Emergency Intervention Order is designed to be highly accessible and financially burden-free for victims of intimate partner violence. 💰
- Application Fees: Applying for an EIO through a Designated Official is $0 CAD. There are no court filing fees for this specific emergency procedure.
- Police Service: The RCMP or local municipal police will serve the documents to the respondent entirely free of charge.
- Lawyer Fees (Long-Term): While the EIO is free, hiring a family lawyer to transition this into a permanent restraining order or to handle a divorce in Moncton or Fredericton usually costs between $2,500 and $5,000 CAD.
| EIO Application | $0 CAD | Handled by Victim Services or Police. |
| Judicial Review | $0 CAD | Automatic review by the Court of King’s Bench. |
| Family Lawyer Retainer | $2,000+ CAD | For permanent separation and custody orders. |
How Long Does the Process Take?
The speed of this process is what makes it an “emergency” order. Once you speak to a Designated Official, the order is typically drafted and signed within a matter of hours. ⌛ The police will then serve the respondent as quickly as they can locate them.
The mandatory judicial review at the Court of King’s Bench usually occurs within 3 to 5 business days. The entire 180-day duration gives you approximately six months of legal breathing room to finalize your longer-term safety and housing plans.
Frequently Asked Questions (FAQ)
Can an Emergency Intervention Order be extended beyond 180 days?
No, an EIO cannot be extended beyond 180 days under New Brunswick law. If you need ongoing protection, you must apply for a Peace Bond or a permanent Restraining Order through the court before the EIO expires.
Can the respondent appeal the EIO?
Yes. Even if the judge confirms the order during the automatic review, the respondent has the right to apply to the Court of King’s Bench for a hearing to have the order varied or cancelled.
What happens if we reconcile before the 180 days are over?
You cannot simply invite the respondent back home or ignore the order. The EIO remains legally binding, and the respondent could face an indictable offence or summary conviction for breaching it. You must formally apply to the court to have the order revoked.
Does the 180-day EIO determine child custody?
An EIO can include temporary provisions about parenting time to ensure children are safe, but it is not a permanent custody order. You will need a formal family law order to permanently establish decision-making responsibility.
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