Emergency Protection Orders in Beresford, New Brunswick — What to Expect

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Emergency Protection Orders (EPOs) are designed to provide immediate safety for individuals facing domestic violence. In Beresford, New Brunswick, understanding the EPO process can empower you to take necessary steps to protect yourself.

What this order generally does

An Emergency Protection Order is a legal document that offers protection from an abuser by restricting their access to you and your home. It can include provisions such as prohibiting the abuser from contacting you, entering your residence, or coming near you in public.

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Who may qualify

Individuals may qualify for an EPO if they are experiencing domestic violence or have a reasonable belief that they are at risk of harm from a partner or former partner. This includes spouses, common-law partners, and individuals you have had an intimate relationship with.

Common steps in the filing process in New Brunswick

The process for filing an EPO typically involves the following steps:

Gather evidence of the abuse or threats.
Visit your local courthouse or designated agency to obtain the necessary forms.
Complete the application, detailing your situation and reasons for the order.
Submit the application to the court for review.
Attend a hearing if required, where you may present your case.

What to bring

When filing for an Emergency Protection Order, consider bringing the following items:

Identification (e.g., driver’s license, passport).
Any evidence of abuse (photos, medical records, police reports).
Witness statements, if available.
A list of incidents that have occurred, including dates and details.

What happens after filing

After you file for an EPO, the court may issue a temporary order, which will provide immediate protection until a full hearing can be conducted. You will be notified of the hearing date, where both you and the respondent will have the opportunity to present your cases. The judge will then decide whether to grant a long-term order.

What if the order is violated

If the Emergency Protection Order is violated, it is important to take immediate action. You should contact law enforcement to report the violation. Violating an EPO can result in criminal charges against the abuser, which may include arrest and prosecution.

Frequently Asked Questions

1. How long does an Emergency Protection Order last?
An EPO typically lasts until the hearing for a long-term protection order is held, which is usually within a few weeks.

2. Can I apply for an EPO without a lawyer?
Yes, individuals can apply for an EPO without legal representation, but seeking legal advice can be beneficial.

3. Is there a cost to file for an EPO?
Generally, there are no fees associated with filing for an Emergency Protection Order.

4. What if I change my mind after filing?
If you decide you no longer want the EPO, you can request to withdraw your application before a decision is made.

5. Can an EPO be issued on weekends or holidays?
Yes, emergency orders can often be obtained outside of regular court hours in urgent situations.

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