Temporary vs Permanent Orders in New Brunswick

In Moncton, New Brunswick, navigating the legal landscape regarding temporary and permanent orders can be complex. This guide aims to clarify these concepts and provide practical steps for those seeking assistance.

Understanding Temporary Orders

A temporary order is often put in place to provide immediate protection or relief while a case is ongoing. These orders can address various issues such as protection from harassment or ensuring safety in a shared living space.

Understanding Permanent Orders

A permanent order, on the other hand, is a long-term solution that typically follows court proceedings. These orders are usually more detailed and may include stipulations regarding custody, property division, and ongoing safety measures.

Steps to Obtain a Temporary Order

1. Document your situation: Keep a record of any relevant incidents or communications.
2. Contact a qualified local attorney: They can guide you through the legal process and help you understand your options.
3. File a request for a temporary order: This usually involves submitting forms to the appropriate court.
4. Prepare for a hearing: You may need to present your case, so gather any supporting documents.

Steps to Obtain a Permanent Order

1. Follow up on your temporary order: If granted, use this time to build your case for a permanent order.
2. File a petition for a permanent order: This will typically require more comprehensive documentation.
3. Attend the court hearing: Be prepared to discuss your situation and evidence in detail.
4. Receive the court's decision: Understand the terms and conditions laid out in the permanent order.

What to Bring / Document

• Any evidence of threats or harassment (texts, emails, photos)
• Witness statements if available
• Your identification and any relevant legal documents
• Notes on your situation and desired outcomes

What Happens Next

After filing for either a temporary or permanent order, the court will schedule a hearing. It's crucial to attend and present your case. If a temporary order is granted, it will remain in effect until the court decides on a permanent one. Following the hearing, you will receive written documentation detailing the court's decision and any necessary next steps.

Frequently Asked Questions

1. How long does a temporary order last?

Typically until a hearing can be scheduled for the permanent order.

2. Can I modify an existing order?

Yes, you can request modifications through the court.

3. Is legal representation necessary?

While it's not required, having an attorney can significantly help your case.

4. What if I cannot afford a lawyer?

Look for legal aid services in New Brunswick that may offer assistance.

5. Can I apply for an order without evidence?

While it's possible, having evidence strengthens your case considerably.

If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.