Abuse and Violence
Emergency Intervention Orders
An Emergency Intervention Order (EIO) is an order made under the Intimate Partner Violence Intervention Act on application of someone experiencing intimate partner violence. These orders may contain a variety of temporary conditions to enhance the safety of victims. They may include, for example, provisions for the applicant to temporarily stay in the family residence (apartment, house, mobile home, etc.) while the partner (the Respondent) must move out.
Emergency Intervention Orders are intended for situations where intimate partner violence has occurred or is likely to occur, and the situation is serious enough to require an immediate response.
An EIO is only one type of protective order. You can learn more about Emergency Protective Orders, Peace Bonds, and No Contact Orders here: Other Protective Orders.
A person who requests an EIO is called the Applicant. The person they seek protection from is called the Respondent.
Information for Applicants
EIOs are available to people who are experiencing abuse or violence within an "intimate personal relationship," which means:
- Individuals who are married to each other (or were married to each other in the past);
- Individuals who are in a common-law relationship (or were in a common law relationship);
- Individuals who are, or have been, dating or in a romantic relationship, even if they have not lived together.
The Intimate Partner Violence Act defines any of these actions as violence:
- Abusive, threatening, harassing, or violent behaviour;
- Withholding food, clothing, and medical attention from a partner; or
- Restricting shelter, transportation, and other necessities of life as a way to psychologically, physically, sexually, or financially coerce, dominate, and control a partner.
There is much more information about what an EIO can do and who is eligible for an EIO in our information booklet: Emergency Intervention Orders (booklet).
How to Apply for an EIO
To apply for an EIO, you must talk to a designated Service Provider or Assister. They can help you complete the forms and they will submit the application for you. Here is a list of the designated Service Providers in New Brunswick.
Your application for an EIO must include all of these forms:
- Application for Emergency Intervention Order In the matter of the Intimate Partner Violence Intervention Act
- Confidential Information Sheet – Applicant Pursuant to Section 13(1) Intimate Partner Violence Intervention Act of New Brunswick
- Respondent Information Sheet
The designated Service Provider will submit your forms to an Emergency Adjudicative Officer or to the Court. The Emergency Adjudicative Officer will schedule a hearing by telephone within the next few hours. The Respondent will not know about the hearing and does not attend. At the hearing, the Emergency Adjudicative Officer will decide whether to grant the application.
Note: If the applicant is less than 19 years old, or if they are incapable of managing their own affairs, someone else can apply on their behalf. We strongly recommend you contact a designated Service Provider for help with this process. You will need these forms:
- Application for Emergency Intervention Order on behalf of the Applicant In the matter of the Intimate Partner Violence Intervention Act
- Consent to Act as Litigation Guardian In the matter of the Intimate Partner Violence Intervention Act
- Confidential Information Sheet – Applicant Pursuant to Section 13(1) Intimate Partner Violence Intervention Act of New Brunswick
- Respondent Information Sheet
Information for Respondents
If you were served with an Emergency Intervention Order (EIO), you are called the Respondent. Carefully read the Order, so you understand the conditions. You must obey the conditions in the Order.
You were served with an EIO because your current or former intimate partner filled out an application under the Intimate Partner Violence Intervention Act stating that there was abuse or violence in the relationship that is serious and urgent.
You should make sure you understand your rights and the conditions you must follow by reading our information booklet: Emergency Intervention Orders – Information for Respondents.
Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
