How to Get an Emergency Intervention Order in New Brunswick

If you are afraid of a current or former partner, you may need protection quickly, before there is time for a long court process. New Brunswick has a fast, separate route for this: the Emergency Intervention Order, often shortened to EIO.

This article explains in plain language who can apply, what counts as intimate partner violence, how quickly a decision is made, what the order can do and how long it lasts. It is based on the Intimate Partner Violence Intervention Act (SNB 2017, c. 5), and laws can change, so it is worth confirming the current wording with a lawyer. If you are in immediate danger, contact emergency services first.

This article covers the law of New Brunswick.

Who can apply for an EIO

An EIO may be applied for by the victim of intimate partner violence. It can also be applied for by a prescribed person on the victim's behalf, but only with the victim's consent.

In practice, this means someone else may be able to help bring the application, but not without your agreement. Which people or groups count as a prescribed person is a detail worth confirming with a lawyer before you rely on someone to apply for you.

Which relationships qualify

The Act covers an intimate personal relationship between two persons, whether or not they have lived together. It includes people who are or were married, in a conjugal relationship, or in a dating or romantic relationship.

• Current or former spouses.
• Current or former partners in a conjugal relationship, even if you never shared a home.
• Current or former dating or romantic partners, again whether or not you lived together.

This is wider than many people expect. You do not need to be married, and you do not need to have lived with the person.

What counts as intimate partner violence

Intimate partner violence under the Act includes abusive, threatening, harassing or violent behaviour that is used to coerce, dominate or control another person. It also includes deprivation of necessities such as food, shelter or medical attention.

That means the situation is not limited to physical assault. Controlling behaviour and withholding basic necessities can fall within the definition. Keeping notes, messages, photos and dates of incidents can help you describe what has happened.

How fast is the decision, and what does the order do

An adjudicator may make an EIO without notice to the respondent, meaning the other person does not have to be told first. The test is that, on a balance of probabilities, intimate partner violence has occurred or is likely to occur, and the seriousness and urgency of the situation warrant the order. "Balance of probabilities" means more likely than not.

The adjudicator must decide within 24 hours of the application. An EIO can include any of the following:

• Restraining the respondent from approaching or contacting you.
• Granting you temporary exclusive occupation of the residence.
• Granting temporary care and custody of a child.
• Directing the seizure of weapons and firearms.
• Restraining the respondent from further violence.

Not every order will include every item. What is granted depends on the facts put before the adjudicator.

How long it lasts and what happens next

An EIO lasts no more than 180 days and takes effect immediately, subject to service, which means it must still be delivered to the respondent.

A judge of the Court must review the order within five days of receiving it. The judge may confirm it, vary it, or direct a hearing. At that stage the respondent carries the onus of showing why the order should not be confirmed.

An EIO is temporary. If you need longer-term arrangements for a child, that is a separate application under the Family Law Act. There, the Court considers only the child's interests, and gives primary consideration to the child's physical, emotional and psychological safety.

What to do next

• If you are in immediate danger, call emergency services before anything else.
• Write down what has happened, with dates, and keep any messages, photos or medical records.
• Decide whether you will apply yourself or ask a prescribed person to help, remembering that they need your consent.
• Think about where you and any children can safely stay, since an order may address the home and a child's care.
• Speak with a lawyer about longer-term steps such as parenting arrangements, support or property, which are handled separately.

A lawyer can explain how an EIO fits with the rest of your family situation and what to expect at the review.

Frequently asked questions