What Is an Emergency Intervention Order in New Brunswick?

If you are afraid of a partner or former partner, waiting for a full court process may not feel possible. New Brunswick has a faster route called an Emergency Intervention Order, created under the Intimate Partner Violence Intervention Act.

This article explains in plain words what the order is, who can ask for one, what it can require and what happens afterward. If you are in immediate danger, contact emergency services first.

This article covers the law of New Brunswick.

What an Emergency Intervention Order is

An EIO is a short-term protective order made under the Intimate Partner Violence Intervention Act (SNB 2017, c. 5). It is meant for urgent situations, so it is designed to move much faster than an ordinary court application.

An adjudicator may make an EIO without notice to the respondent, meaning the other person does not have to be told in advance, where, on a balance of probabilities, intimate partner violence has occurred or is likely to occur and the seriousness and urgency of the situation warrant it. The adjudicator must decide within 24 hours of the application.

Who can apply and who is covered

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

The Act covers more than married couples. An intimate personal relationship covers two persons, whether or not they have lived together, who are or were married, in a conjugal relationship, or in a dating or romantic relationship.

Intimate partner violence includes abusive, threatening, harassing or violent behaviour used to coerce, dominate or control, and it includes deprivation of necessities such as food, shelter or medical attention. So it is not limited to physical assault. If you are not sure whether your situation fits, that depends on the facts, so it is worth confirming with a lawyer.

What the order can require

An EIO may do any of the following:

• Restrain the respondent from approaching or contacting the applicant.
• Grant temporary exclusive occupation of the residence.
• Grant temporary care and custody of a child.
• Direct the seizure of weapons and firearms.
• Restrain further violence.

Which terms are included depends on the facts and on what the adjudicator decides is needed. Because it is an urgent, temporary tool, it is not a final answer on parenting or property, which are dealt with separately.

Because an order can touch on the home and on children, it helps to think ahead about practical matters, such as where you and any children can stay and how you can be reached safely.

How long it lasts and what happens next

An EIO lasts no more than 180 days and takes effect immediately, subject to service on the respondent. A judge of the Court must review it within five days of receiving it and may confirm or vary it, or direct a hearing. At that stage, the respondent bears the onus of showing it should not be confirmed.

If you need longer-term arrangements, such as a parenting order, the Family Law Act allows the Court to make one on application by a parent or a person standing in a parent's place. In making it, the Court takes into consideration only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety.

Where a divorce is involved, the Divorce Act also lists family violence and its impact as a factor when a court decides on a parenting or contact order. A court may also modify or waive the usual written notice before a relocation, including where there is a risk of family violence.

Support is a separate question. Where child support and spousal support are both claimed under the Divorce Act, the court gives priority to child support. Support orders made in New Brunswick are automatically filed with the Office of Support Enforcement, and the recipient has eight days after the enrolment package is sent to opt out and receive payments directly.

What to do next

• If you are in immediate danger, contact emergency services right away.
• Write down dates, events, threats and injuries while they are fresh, and keep any messages or photos.
• Think about a safe place to stay and a safe way to be contacted.
• Make a short list of your questions about parenting, support and property to bring to a lawyer.
• Ask a lawyer how an EIO fits with any parenting, support or property issues you have.
• Confirm current requirements, since the law may have been amended recently.

Frequently asked questions