If you are falsely accused of domestic violence in New Brunswick, strictly obey any police no-contact orders and immediately hire both a criminal defence lawyer and a family lawyer. Breaching a no-contact order is a crime, even if the underlying accusation is a lie. Legal fees to defend against these claims often range from $5,000 to $15,000 CAD.
High-conflict separations can sometimes bring out the absolute worst in people. Tragically, some individuals use the justice system as a weapon, fabricating allegations to gain an unfair advantage in a custody dispute. Being falsely accused of domestic violence is a nightmare that can damage your reputation, strip you of your parenting time, and potentially lead to a criminal record.
In this guide, we will outline exactly what to do if you are falsely accused of domestic violence in New Brunswick. 🔍 We will cover the critical mistakes you must avoid, how the criminal and family courts intersect, and the steps you must take at the Court of King’s Bench to clear your name and protect your relationship with your children. Whether you reside in Moncton, Saint John, or Fredericton, taking immediate, calm legal action is vital.
Step-by-Step Process in New Brunswick
When an allegation of family violence is made, the police and the courts act swiftly to protect the alleged victim. 👮 You will likely find yourself fighting a two-front war: one in the criminal justice system and one in family court. You must handle both with extreme care.
Step 1: Obey All No-Contact Orders Strictly
If the police arrest you or issue an Emergency Intervention Order, you will be placed under strict conditions not to contact your ex-partner or, in many cases, your children. You must obey this order perfectly. Do not send an apology text, do not ask a friend to pass along a message, and do not try to “explain your side” to your ex. Breaching this condition is a separate criminal offence, and you will be charged with a summary conviction or indictable offence, even if you are later found innocent of the original violence allegation.
Step 2: Remain Silent and Hire a Lawyer
If the police wish to interview you, exercise your right to remain silent. 🤰 Do not attempt to talk your way out of it, as anything you say can be used against you. You must immediately retain a criminal defence lawyer to handle any potential charges, as well as a family law firm to address how these allegations affect your decision-making responsibility and parenting time.
Step 3: Gather Digital and Physical Evidence
False allegations often fall apart under scrutiny. Start collecting evidence that proves the accuser is lying. This includes text messages, emails, GPS location data showing you were not present at the time of the alleged incident, and a list of neutral witnesses. Provide this entire file to your lawyer, not the police.
Step 4: Address the Allegations in Family Court
While your criminal defence lawyer handles the police matter, your family lawyer will file an urgent response at the Court of King’s Bench. ✍ If your ex-partner used false allegations to obtain temporary sole decision-making responsibility, your lawyer will present your evidence to the judge to demonstrate that the allegations are a tactic to alienate you from your children.
How Much Does it Cost in New Brunswick?
Defending yourself against false allegations is incredibly expensive because the stakes are so high. 💸 You cannot afford to cut corners when your freedom and your children are on the line.
- Bail and Criminal Defence: If you are arrested, securing release and hiring a defence lawyer for initial hearings can cost $2,000 to $5,000 CAD. A full criminal trial can cost upwards of $15,000 CAD.
- Family Court Filing Fees: Filing motions to restore your parenting time at the Court of King’s Bench generally incurs basic administrative fees of around $50 CAD.
- Family Lawyer Fees: Fighting false allegations in family court requires extensive affidavits and cross-examinations. Expect your family law firm to require a retainer of $5,000 to $10,000 CAD.
- Supervised Access Fees: While fighting the allegations, you may only be allowed to see your children at a supervised centre, which can cost $20 to $75 CAD per visit.
| Defence Area | Primary Goal | Estimated Cost (CAD) |
|---|---|---|
| Criminal Defence | Preventing a summary conviction or indictable offence charge | $5,000 – $15,000+ |
| Family Law Defence | Restoring parenting time and decision-making responsibility | $5,000 – $10,000+ |
| Professional Evidence | Hiring private investigators or data retrieval experts | $1,000 – $3,000 |
How Long Does the Process Take?
Clearing your name takes immense patience. 📅 In New Brunswick, the criminal process moves slowly; it can take anywhere from 8 to 18 months to get a trial date to fight a domestic assault charge. In the family court system, your lawyer may be able to secure interim (temporary) supervised parenting time within 4 to 8 weeks, but fully restoring standard parenting time usually waits until the criminal matter is resolved or dismissed.
Frequently Asked Questions (FAQ)
Can I sue my ex-partner for making false allegations?
While it is possible to sue for defamation or malicious prosecution, it is extremely difficult and expensive to win. Most applicants focus on using the family court system to penalize the lying spouse by seeking full decision-making responsibility and court costs.
If the criminal charges are dropped, do I automatically get my parenting time back?
Not automatically. Criminal court and family court are separate. Even if the Crown drops the charges, your family lawyer must still file a motion at the Court of King’s Bench to formally change the temporary parenting order.
What should I do if my ex-partner calls me while the no-contact order is in place?
Do not answer the phone. If they leave a voicemail or send a text, save it as evidence and send it to your lawyer. A no-contact order applies to you, meaning you can be arrested for engaging with them, even if they initiate the contact.
Can I represent myself against these allegations?
It is highly discouraged. False allegations can lead to an indictable offence or permanent loss of contact with your children. You need professional legal counsel to navigate the strict rules of evidence.
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