Victims of domestic violence in New Brunswick can apply for an Emergency Intervention Order (EIO) to immediately remove an abusive partner from the home. Later, the Court of King’s Bench can grant long-term “Exclusive Possession,” allowing you to stay in the home regardless of whose name is on the lease or mortgage.
When domestic violence occurs, the victim is often the one forced to flee the home, uprooting their children and scrambling to find safe shelter. In New Brunswick, the law recognizes how unjust this is. You do not have to abandon your home to escape an abusive spouse. Through specific legal channels, you can legally force the abuser to leave and secure the right to live there peacefully, known as “Exclusive Possession.”
This legal protection is available whether you live in a house you own in Bathurst, a rented apartment in Saint John, or a rural property. 🔑 Securing exclusive possession not only ensures your immediate physical safety but also provides vital stability for your children while you navigate separation, spousal support, and property division under the Marital Property Act. Partnering with a local law firm is highly recommended to secure these long-term rights.
Step-by-Step Process in New Brunswick
Obtaining exclusive possession typically happens in two stages: an immediate emergency response, followed by a long-term family court order. 📍 The Court of King’s Bench has the authority to dictate who lives in the matrimonial home, strictly prioritizing the safety of victims and children.
Step 1: Obtain an Emergency Intervention Order (EIO)
If you are in immediate danger, you do not have time to wait for a family court hearing. You should contact Victim Services or the local police to apply for an Emergency Intervention Order under the Intimate Partner Violence Intervention Act. If the designated official finds that family violence has occurred, they can instantly grant a provision that gives you temporary, exclusive occupation of the residence and directs police to remove the abuser.
Step 2: File a Family Court Application
An EIO is a temporary crisis measure. To secure your housing long-term, you must apply to the Court of King’s Bench for an Order for Exclusive Possession under the Family Law Act or Marital Property Act. 📁 Your lawyer will draft an affidavit outlining the history of the abuse, the needs of your children, and why it is practical for you to remain in the home rather than your ex-spouse.
Step 3: Handle Financial Arrangements
Gaining the right to live in the home does not automatically change who pays for it. During the court process, your lawyer will likely also apply for interim spousal support and child support to ensure you have the financial means to pay the mortgage or rent. The court can also order the abusive spouse to continue contributing to the household expenses.
Step 4: Final Property Division
It is important to remember that “exclusive possession” only dictates who gets to live in the home, not who owns it. 📝 Eventually, as part of your final divorce settlement, the value of the home will still need to be divided fairly according to New Brunswick law, which may involve buying out your ex-partner or eventually selling the property.
How Much Does it Cost in New Brunswick?
The cost of securing your home depends on what stage of the process you are in. Emergency measures are free, but long-term family court battles can be expensive.
- Emergency Intervention Order: Free. There are no fees to apply for an EIO through Victim Services.
- Court Filing Fees: Applying for an order in the Court of King’s Bench via a Notice of Application requires a standard filing fee of $75 CAD (note that this fee is scheduled to increase to $125 CAD on August 1, 2026).
- Lawyer Fees: Hiring a lawyer to draft your affidavits and argue for exclusive possession in court generally costs between $2,500 and $5,000+ CAD, depending on how aggressively your abuser fights the application.
| Type of Order | Purpose | Duration |
|---|---|---|
| EIO (Emergency) | Immediate physical safety and removal of abuser | Short-term (Usually up to 30 days) |
| Interim Exclusive Possession | Stability during the divorce process | Months to Years (Until divorce is final) |
How Long Does the Process Take?
In cases of domestic violence, the system is designed to act swiftly to protect the victim. ⌛ If you apply for an Emergency Intervention Order, you can gain temporary exclusive possession of your home within a matter of hours. The police will arrive and ensure the abuser leaves the premises immediately.
Transitioning that emergency order into a formal Order for Exclusive Possession from a family court judge takes longer. Your lawyer will need to file a motion and schedule a hearing, which typically takes 3 to 6 weeks. However, the EIO will generally protect your living situation while you wait for your court date.
Frequently Asked Questions (FAQ)
Can I get exclusive possession if the house is only in his name?
Yes. Under New Brunswick family law, the matrimonial home holds a special status. A judge can grant you the right to live there exclusively to protect you and the children, even if you are not on the deed or the mortgage.
What if we are renting an apartment?
Exclusive possession applies to rentals as well. An order can remove the abuser from the apartment and prevent them from returning, even if their name is on the lease agreement with the landlord.
Can the abuser come back to get their belongings?
Not without permission or a police escort. If an EIO or exclusive possession order is in place, the abuser must typically arrange a specific time through lawyers or the police to collect personal items like clothes or tools.
Does exclusive possession mean I own the house forever?
No. Exclusive possession only gives you the right to reside in the home temporarily. The actual ownership and financial equity of the home will be addressed later during the final division of marital property.
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