In New Brunswick, a Peace Bond is a federal criminal order for anyone who fears for their safety, while an Emergency Intervention Order (EIO) is a provincial civil order specifically for victims of intimate partner violence. Both legally restrict an abuser’s contact, but EIOs can also grant you immediate exclusive possession of your home.
Living with the threat of domestic violence is a terrifying experience, and knowing how to legally protect yourself is the first step toward safety. If you live in New Brunswick, you have several legal options to keep an abusive person away from you and your children. However, the legal terms can be confusing. Many people use “restraining order” as a catch-all phrase, but the Canadian legal system actually distinguishes between different types of protective orders.
Understanding whether you need a Peace Bond through the criminal courts or an Emergency Intervention Order (EIO) through the provincial system is incredibly important. 📖 Whether you are in Fredericton, Moncton, or a rural community, the local police, RCMP, and the Court of King’s Bench handle these orders differently. By choosing the right legal tool, you can ensure that you receive the fastest and most appropriate protection for your specific situation.
Step-by-Step Process in New Brunswick
The process for securing a protective order depends entirely on which type of order you are seeking. 📍 A Peace Bond is issued under the federal Criminal Code of Canada, while an EIO is issued under New Brunswick’s Intimate Partner Violence Intervention Act. A family law firm can help you navigate these choices, but in emergencies, you should always contact the police first.
Step 1: Identifying the Right Protective Order
First, you must determine which order applies to your relationship. If the person threatening you is a coworker, neighbor, or acquaintance, you generally must apply for a Peace Bond. If the abuser is your current or former spouse, common-law partner, or someone you share a child with, you are eligible for an Emergency Intervention Order, which provides much broader protections tailored to family violence.
Step 2: Applying for an Emergency Intervention Order (EIO)
If you are facing intimate partner violence, an EIO is usually the fastest route. 📞 You can apply by contacting Victim Services, your local police department, or a designated transition house. You will give a statement explaining the abuse and why you need immediate protection. A designated official will review your application, and if they agree you are in danger, they can issue the order within hours, without the abuser even knowing you applied.
Step 3: Applying for a Peace Bond
To get a Peace Bond, you must contact your local police or go to the Provincial Court courthouse. You will swear an “Information” stating that you have reasonable grounds to fear that the person will cause personal injury to you, your partner, or your child, or will damage your property. The police will then serve the person with a summons to appear in court. This process is not immediate and can take several weeks.
Step 4: Going to Court for a Restraining Order
If you are going through a divorce or separation, you can also apply for a traditional Restraining Order through the Court of King’s Bench. 📁 This is often done as part of a broader family law application that includes requests for parenting time, decision-making responsibility, and spousal support. You will typically hire a lawyer to draft an affidavit detailing the history of abuse to present to a family court judge.
How Much Does it Cost in New Brunswick?
Protecting your physical safety should never be blocked by a lack of funds. Thankfully, the most urgent protective orders are provided by the government at no cost to the victim.
- Emergency Intervention Order (EIO): There is absolutely no cost to apply for or receive an EIO in New Brunswick. Support workers and police handle the process for free.
- Peace Bond: Applying for a Section 810 Peace Bond through the police or Provincial Court is also free of charge.
- Family Court Restraining Order: If you apply for a restraining order as part of a family law case at the Court of King’s Bench, you will have to pay a court filing fee of approximately $110 CAD. Hiring a lawyer to handle this application generally costs between $1,500 and $3,500 CAD depending on the complexity of your case.
| Feature | Peace Bond (Criminal) | EIO (Provincial) |
|---|---|---|
| Who Can Apply? | Anyone fearing harm | Intimate partners only |
| Speed of Issue | Weeks to Months | Within 24 Hours |
| Can Remove Abuser from Home? | Usually No | Yes, immediately |
How Long Does the Process Take?
Time is of the essence when dealing with violence. ⌛ An Emergency Intervention Order is designed for crisis situations. Once you submit your statement to a designated official or police officer, an EIO can generally be granted and enforced within 12 to 24 hours.
Conversely, a Peace Bond takes much longer. Because it requires the accused to be served with a summons and scheduled for a court appearance, it can take 3 to 8 weeks before the order is officially in place, unless the police decide to lay criminal charges for an indictable offence like assault, in which case bail conditions may apply immediately.
Frequently Asked Questions (FAQ)
Does a Peace Bond give someone a criminal record?
No. Signing a Peace Bond is not an admission of guilt and does not create a criminal record. However, if the person breaches the conditions of the Peace Bond, they can be arrested and charged with a criminal offence.
Can I get an EIO if we don’t live together?
Yes. As long as you are or were in an intimate personal relationship (such as dating, common-law, or married), you can apply for an EIO under New Brunswick law, regardless of your living arrangements.
What happens if the abuser violates the order?
If the abuser contacts you or comes near you in violation of an EIO, Peace Bond, or Restraining Order, you should call 911 immediately. Breaching any of these orders is an offence, and the police have the authority to arrest the abuser.
Do I need a lawyer to get a Peace Bond or EIO?
No, you do not need a lawyer for a Peace Bond or an EIO; the police, Victim Services, and Crown prosecutors handle these. However, you will likely need a law firm if you are seeking a Restraining Order in family court alongside divorce proceedings.
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