How to Get an Emergency Intervention Order in New Brunswick
A step-by-step explanation of New Brunswick Emergency Intervention Orders (EIOs) and protection processes.
Emergency Intervention Orders in Canada
What Is an Emergency Intervention Order?
An Emergency Intervention Order (EIO) is a fast kind of court protection order used in some Canadian provinces and territories when there is immediate risk of harm in a family or intimate partner situation.
EIOs are usually available under special family violence or domestic violence legislation. The name of the order, the forms, and who can apply may be different depending on where you live.
EIOs are meant to provide short-term safety measures, for example by:
- Requiring the violent person to stay away from a home, workplace, or school
- Setting rules about contact (such as phone, text, social media, or in-person contact)
- Allowing temporary and exclusive occupation of a shared home to the person needing safety
- Addressing temporary care of children and possessions in some regions
How Emergency Intervention Orders Are Issued Quickly
Emergency Intervention Orders are designed to be issued faster than regular court orders when there is urgent risk and waiting for a normal hearing could be unsafe.
Common features in many regions include:
- After-hours access: An EIO can often be requested at night, on weekends, or holidays, not just during courthouse hours.
- Telephone or video applications: Police, victim services workers, or other authorized professionals may speak with a judge or designated justice by phone or video to request an order.
- Limited evidence at first: The judge or decision-maker may rely mainly on a sworn statement from the person asking for the order, plus any information from police or a support worker.
- Immediate effect: Once granted, the order usually takes effect as soon as it is read to the person named in the order or provided to them by an authorized person.
Service of the Order and What It Means
“Service” means officially giving a copy of the order to the person it is made against so they know the rules they must follow.
In many places:
- Police or a sheriff usually handle service of an Emergency Intervention Order.
- The order may be read out to the person by police if a paper copy cannot be given right away.
- The time and method of service are recorded so the court knows when the person was informed.
Once the person is served, they are expected to follow all the conditions in the order. Not following the order may lead to criminal charges in many regions.
Review Hearings: What Happens After an Emergency Order
Emergency Intervention Orders are usually short term. Many laws require that they be reviewed by a court after a set number of days.
A review hearing often includes:
- Notice to the other person: The person named in the order is told about the hearing so they can attend if they choose.
- Chance to respond: Both sides may give more information or documents about safety concerns, children, housing, or other issues.
- Judge’s decision: After hearing from both sides (or just from the protected person if the other does not attend), the judge may:
- Confirm the order and keep it in place for a set period
- Change some conditions
- End the order
- Replace it with a different kind of protection order
Longer-Term Protection Options
Because Emergency Intervention Orders are usually temporary, courts often look at other options for longer-term protection once the immediate crisis is addressed.
Depending on your province or territory and your situation, longer‑term options can include:
- Family violence or protection orders: Longer orders under family or protection legislation that can include no-contact rules, distance requirements, and other conditions.
- Peace bonds or recognizance orders: Court orders under criminal law that can set conditions on the other person’s behaviour, even if there is no criminal conviction.
- Family law orders: Orders about parenting time, decision‑making responsibility, and where children live, which can include safety‑focused conditions.
- Criminal law conditions: If charges are laid, a judge can set bail conditions, probation conditions, or sentencing orders that include protective terms.
Local supports can help explain which options exist in your area and how they may interact. Additional support options across Canada can be found through resources listed at DV.Support.