How Much Does It Cost to Apply for an Emergency Intervention Order in New Brunswick?

Fleeing domestic violence is a terrifying experience, and worrying about money should never stop you from seeking safety. In New Brunswick, the law provides fast, accessible protection for victims of intimate partner violence.

Whether you are in Saint John, Fredericton, or a rural community, the provincial government ensures that emergency legal protection is available at no cost. This guide will explain how the process works and what future legal expenses you might need to prepare for. 📍

Step-by-Step Process for Getting an EIO in New Brunswick

An Emergency Intervention Order (EIO) is issued under the province’s Intimate Partner Violence Intervention Act. It is a civil order designed to provide immediate, short-term protection. You do not need to hire a lawyer to apply for one.

Step 1: Contacting a Designated Assister

You cannot apply for an EIO directly on your own; you must work with a designated “Assister.” Assisters include local police officers (such as the RCMP or municipal police), victim services coordinators, or staff at approved transition houses. 📞

The Assister will listen to your situation, help you assess your immediate safety, and complete the required application forms on your behalf. They are specially trained to handle these sensitive situations with care and confidentiality.

Step 2: Review by an Emergency Adjudicative Officer

Once the forms are filled out, the Assister contacts an Emergency Adjudicative Officer. These officers are available 24 hours a day, 7 days a week.

The officer will review the application by phone or video. If they determine that intimate partner violence has occurred and that the situation is urgent, they will grant the EIO immediately. This order can grant you temporary exclusive possession of your home and order your partner to stay away.

Step 3: Court of King’s Bench Review

After the emergency order is granted, a judge at the Court of King’s Bench must review it within a few days to ensure the law was applied correctly.

You usually do not need to attend this initial review. However, if your partner decides to formally contest the order, a full court hearing will be scheduled. At this stage, having legal representation becomes highly beneficial.

How Much Does it Cost in New Brunswick?

While the emergency protection itself is free, long-term family separation often involves financial costs. Here is a breakdown of potential expenses:

• The Emergency Intervention Order: $0 CAD. The application, the Assister’s help, and the initial judge’s review are entirely free.
• Police Enforcement: $0 CAD. If your partner breaches the order, police will arrest them at no cost to you.
• Hiring a Family Lawyer: If you transition from a temporary EIO to seeking a permanent restraining order or dealing with parenting time and spousal support, retaining a law firm usually costs a minimum of $2,500 to $5,000 CAD.
• Legal Aid: If you are low-income and facing domestic violence, you may qualify for free representation through the New Brunswick Legal Aid Services Commission.

How Long Does the Process Take?

The EIO system is designed for absolute emergencies. From the moment you sit down with an Assister, an Emergency Intervention Order can be granted within just a few hours. ⏱

Once granted, the police will serve the order on your partner. The protection is effective immediately upon service. The order typically lasts for up to 180 days, giving you time to arrange long-term solutions, such as a formal separation agreement or a permanent court order.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca