In New Brunswick, an Emergency Intervention Order (EIO) for immediate domestic violence situations can be granted in just a few hours, available 24/7. Alternatively, obtaining a standard Peace Bond through the criminal courts generally takes between 3 to 8 weeks, depending on the court’s schedule.
When you are facing threats, harassment, or violence, time is of the essence. Waiting weeks for a court date is not an option when your physical safety is on the line. In New Brunswick, the legal system offers different types of protection orders, each with its own timeline.
Whether you are in Fredericton, Saint John, or Miramichi, knowing which route to take will dictate how fast you can secure legal protection. Here is a clear breakdown of the step-by-step process and the timelines you can expect. 📍
Step-by-Step Process to Get Protection in New Brunswick
The speed of your application depends heavily on the type of order you need. An EIO is for urgent intimate partner violence, while a Peace Bond covers general threats from anyone (like a neighbour or coworker).
Step 1: Identifying the Right Legal Tool
If you are fleeing an abusive spouse or dating partner, you should seek an Emergency Intervention Order under provincial law. If you are dealing with a stalker, an angry neighbour, or an abusive relative who is not an intimate partner, you will need to apply for a Peace Bond under the federal Criminal Code.
Step 2: Submitting Your Application
For an EIO, you must speak with an authorized Assister (such as victim services or the local police). They handle the paperwork and immediately contact an adjudicator. 📠
For a Peace Bond, you must visit your local RCMP or municipal police station to file a detailed report. The police will then forward their investigation to the Crown Prosecutor to schedule a court date at the Provincial Court.
Step 3: Court Review and Finalization
An EIO goes into effect immediately once the police serve the papers to the abuser. However, within a few days, a judge at the Court of King’s Bench will review the file to ensure the law was followed.
For a Peace Bond, you must wait for your scheduled date at the Provincial Court. The judge will listen to the Crown Prosecutor and the defendant before deciding whether to finalize the bond.
How Much Does it Cost in New Brunswick?
Securing basic safety is a public service. However, navigating the court system can sometimes bring additional costs:
- Emergency Intervention Orders: $0 CAD. This service is completely free, including the Assister and the judge’s review.
- Police-Initiated Peace Bonds: $0 CAD. Working through the Crown Prosecutor costs nothing.
- Private Law Firm Fees: If you need to hire a family lawyer to turn an EIO into a permanent family restraining order (which can also resolve spousal support and parenting time), expect to pay a retainer of roughly $2,500 to $5,000 CAD.
Comparing Restraining Order Timelines
| Type of Order | Average Timeline in NB | How Long It Lasts |
|---|---|---|
| Emergency Intervention Order (EIO) | 2 to 6 hours. Available 24/7 through an Assister. | Up to 180 days. Intended as a temporary bridge to safety. |
| Peace Bond (Section 810) | 3 to 8 weeks. Requires scheduling a hearing at Provincial Court. | Up to 12 months (1 year). |
| Family Court Restraining Order | 1 to 4 months. Processed through the Court of King’s Bench. | Can be permanent, or last until the children are grown. |
Frequently Asked Questions (FAQ)
Can an order be granted over the weekend?
Yes, but only an Emergency Intervention Order (EIO). Emergency adjudicators are available 24/7, including weekends and holidays. Peace Bonds cannot be granted over the weekend because the Provincial Court is closed.
Does the abuser know I applied?
For an EIO, the abuser is usually not notified until the police arrive to serve the official order, ensuring your immediate safety. For a Peace Bond, the abuser receives a summons in advance so they can appear in court.
Can I move to another province with an active order?
Yes, Peace Bonds are federal and enforceable anywhere in Canada. EIOs are provincial, but if you relocate to places like Ontario or Alberta, you can often register your New Brunswick order with the local courts to ensure continuous police protection.
What if the danger is immediate right now?
If you or your children are in imminent physical danger, do not wait to file paperwork. Call 911 immediately. Police officers have the authority to arrest the abuser on the spot and can assist you in obtaining the necessary emergency orders afterward.
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