If your ex-partner violates an Emergency Intervention Order or a Restraining Order in New Brunswick, call 911 immediately. A breach of a court order is a serious criminal offence, and local police or the RCMP have the authority to arrest the violator on the spot.
A Restraining Order or an Emergency Intervention Order (EIO) is designed to be a powerful legal barrier between you and an abusive ex-partner. 🚨 However, an order is only effective if it is strictly enforced. When an abuser decides to test the boundaries by sending a text message, driving by your house, or showing up at your workplace, it can trigger intense fear and anxiety.
For residents across New Brunswick, from Saint John to Bathurst, the legal system treats any violation of these orders with absolute severity. Breaching an order shifts the issue from a family law dispute into a criminal matter under the Criminal Code of Canada. This guide explains precisely what steps to take if your order is violated to ensure your continued safety and hold the offender accountable.
Step-by-Step Process in New Brunswick
Reacting swiftly and methodically to a breach is crucial for your safety and for building a strong criminal case against your ex-partner. ⏳ Here is what you need to do.
Step 1: Ensure Your Immediate Safety
If your ex shows up at your home, workplace, or in public, do not engage in conversation. Go to a safe location immediately, lock the doors if you are indoors, and prioritize your physical safety above all else. Do not attempt to reason with them or remind them of the order.
Step 2: Call the Police Immediately
Dial 911 or your local emergency number. Whether you are served by the RCMP or a municipal force like the Fredericton Police, inform the dispatcher immediately that you have a protective court order and your ex-partner is currently breaching it. 📞 The police will dispatch officers urgently, as breaches of protective orders are high-priority calls.
Step 3: Document the Violation
If the breach is non-physical-such as receiving a threatening email, a string of text messages, or voicemails-do not delete them. Take screenshots, save the audio, and record the exact date and time. If they drove past your house and you have security cameras, save the footage. This evidence is vital for the Crown prosecutor to secure a conviction.
Step 4: Notify Your Family Lawyer
Once the immediate danger is handled and a police report is filed, update your family lawyer. 💼 A criminal breach is highly relevant to your ongoing family law case at the Court of King’s Bench. Your lawyer can use this evidence to argue against unsupervised parenting time or to strengthen your position regarding spousal support and exclusive possession of the home.
How Much Does it Cost in New Brunswick?
When an order is breached, dealing with the immediate criminal fallout does not cost you any money. 💰 The state takes over the prosecution.
- Police and Prosecution: Calling the RCMP and the subsequent prosecution by the Crown are public services provided at $0 CAD to you.
- Updating Family Orders: If you need your lawyer to file an emergency motion at the Court of King’s Bench because of the breach, lawyer fees generally range from $200 to $400 CAD per hour.
- Security Enhancements: Victims often choose to install security cameras or change locks after a breach, which can cost anywhere from $100 to $500 CAD.
| Police Response & Arrest | Free | Covered by taxpayers; you do not pay for criminal enforcement. |
| Crown Prosecution | Free | The Crown handles the criminal case against the abuser. |
| Family Lawyer Updates | Hourly Rate | Necessary if you need to alter custody arrangements. |
How Long Does the Process Take?
The police response to an active breach is immediate. 🚨 If officers locate your ex-partner and have reasonable grounds to believe a breach occurred, they can make an arrest on the same day.
However, the criminal justice process takes much longer. Depending on whether the Crown proceeds by summary conviction or as an indictable offence, a criminal trial or plea deal in New Brunswick can take anywhere from 6 to 12 months. During this time, the abuser will likely be placed under strict bail conditions prohibiting contact with you.
Frequently Asked Questions (FAQ)
What if they just texted me to say hello? Is that a breach?
Yes. If your Restraining Order or EIO specifies “no contact or communication,” a simple text message saying hello is a criminal breach. You should report it to the police immediately.
Will my ex go to jail for violating the order?
It is possible. Breaching a court order can result in significant fines or jail time, especially if it is treated as an indictable offence or if there is a history of repeated violations and violence.
Do I have to testify if my ex is charged with a breach?
You may be subpoenaed to testify in criminal court if your ex pleads not guilty. Victim Services in New Brunswick can provide support and guidance throughout the trial process.
What if I replied to their text message? Did I break the law?
The order restrains them, not you, but replying can complicate the case. Law enforcement strongly advises against responding, as it can be used by the defence to argue that you did not fear for your safety.
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