To apply for an Emergency Intervention Order in New Brunswick, you do not need to go to court right away. Instead, you contact a Designated Official-usually through the police, RCMP, or Victim Services-who is authorized under the Intimate Partner Violence Intervention Act to grant immediate protection 24 hours a day.
When you are facing imminent danger from an intimate partner, navigating a complex legal system is the last thing you should have to worry about. 🚨 Recognizing this, New Brunswick has streamlined the process for securing rapid, emergency legal protection. The Emergency Intervention Order (EIO) is designed specifically to keep victims safe, remove the abuser from the home, and provide immediate breathing room without waiting for a lengthy trial.
Whether you are located in the urban centres of Fredericton and Moncton or a rural community, the application process relies on specialized community workers rather than immediate court appearances. This guide details exactly how to apply for an EIO in New Brunswick step-by-step, ensuring you have the knowledge to protect yourself and your family.
Step-by-Step Process in New Brunswick
The Intimate Partner Violence Intervention Act allows specific professionals, called Designated Officials, to evaluate your situation and issue an order on the spot. ⏳ Here is the typical route to securing this protection.
Step 1: Contact an Authorized Agency
Your first step is to reach out to an agency that can connect you with a Designated Official. You can do this by calling your local police department, the RCMP, or a local domestic violence outreach organization (Victim Services). In an immediate emergency, always dial 911. The police are fully trained to initiate the EIO process for you.
Step 2: The Interview with a Designated Official
You will participate in a confidential interview with the Designated Official. They will ask detailed questions about the abuse, threats, and your immediate safety concerns. 🖊 Be as specific as possible about any physical violence, property damage, or controlling behaviour. This information forms the legal basis for the order.
Step 3: Granting the Emergency Order
If the official determines that violence has occurred or is imminent, and that the situation requires immediate intervention, they will grant the EIO. The order can mandate that the abuser leave the family home immediately, prohibit them from communicating with you, and grant you temporary exclusive possession of your shared residence.
Step 4: Police Service and Enforcement
Once the order is signed, it must be served to the respondent (the abuser). Law enforcement officers (local police or RCMP) will handle this safely. 👮 The conditions of the EIO take effect the exact moment the respondent is served. From that point, any breach is treated as a severe criminal matter.
Step 5: Automatic Review by the Court of King’s Bench
Because the abuser was not present to defend themselves, the law requires a judge to review the EIO shortly after it is issued. A judge at the Court of King’s Bench will read the evidence and decide whether to confirm the order, change the conditions, or cancel it. You generally do not have to attend court for this review unless the judge requests it.
How Much Does it Cost in New Brunswick?
Financial control is a common tactic in abusive relationships, which is why New Brunswick ensures emergency protection is entirely free. 💰
- EIO Application: Speaking with a Designated Official and receiving the order costs exactly $0 CAD.
- Police Service Fees: Having law enforcement serve the documents to your abuser is entirely free.
- Subsequent Family Law Action: If you eventually need to hire a family lawyer to draft a formal separation agreement or resolve property division, expect typical legal retainers to start around $2,500 CAD. You may qualify for Legal Aid New Brunswick if your income is low.
| Designated Official Assessment | Free | Available 24/7 via police or outreach programs. |
| Court of King’s Bench Review | Free | Automatic judicial review process. |
| Private Family Lawyer | $200 – $400 CAD / hr | Needed for long-term divorce or support cases. |
How Long Does the Process Take?
The primary advantage of an EIO is speed. From the moment you begin the interview with a Designated Official, the order can be drafted, signed, and handed to police for service within a few hours. ⏳
Once the order is served, it provides immediate protection for up to 180 days. The automatic review by a judge at the Court of King’s Bench will typically happen within 3 to 5 business days behind closed doors.
Frequently Asked Questions (FAQ)
Do I need a lawyer to get an Emergency Intervention Order?
No. You do not need to hire a lawyer to apply for an EIO. The process is handled by a Designated Official and the police. However, a family lawyer is highly recommended for securing long-term arrangements later.
What qualifies as intimate partner violence in New Brunswick?
It includes physical violence, sexual violence, severe emotional or psychological abuse, financial control, and stalking. Threats and property damage also heavily factor into granting an EIO.
Can an EIO stop my ex from taking our children?
Yes. A Designated Official can include conditions in the EIO that grant you temporary exclusive care of the children to ensure their safety, overriding any previous informal agreements.
What happens if the abuser refuses to leave the house?
If the EIO includes a condition granting you exclusive possession of the home, the police have the authority to physically remove the abuser from the premises when they serve the order.
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