How to Get a Restraining/Protection Order in Moncton

Understanding Restraining and Protection Orders

These legal orders are designed to protect individuals from harassment, threats, or violence. It's important to understand your rights and the legal framework in New Brunswick.

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Step 1: Assess Your Situation

If you feel threatened or unsafe, it’s crucial to prioritize your safety. Consider reaching out to local support services for guidance.

Step 2: Gather Information

Collect any documentation related to your situation. This can include messages, photographs, or any other evidence that supports your case.

Step 3: Contact a Local Attorney

Consulting with a qualified local attorney can provide clarity on the legal process and help ensure that your rights are protected. They can guide you through the application process for a restraining order.

Step 4: Complete the Application

Fill out the necessary forms for the protection order. Your attorney can assist with this and ensure all required information is included.

Step 5: File the Application

Submit your application to the appropriate court in Moncton. Your attorney can help you understand the filing process and any associated fees.

What to Bring / Document

Identification (government-issued ID)
Documentation of incidents (emails, text messages, photos)
Witness information (if applicable)
A completed application form
Contact information for your local attorney or support services

What Happens Next

After filing your application, a court date will be scheduled. You may be required to attend a hearing where a judge will review your case. If granted, the order will outline the restrictions placed on the other party.

Frequently Asked Questions

How long does it take to get a protection order? It can vary, but temporary orders are often issued quickly.
Can I get a protection order without an attorney? Yes, but having legal guidance can help you navigate the process more effectively.
What if the person I need protection from lives in another province? You can still apply for a protection order in your local court.
Are protection orders permanent? They can be temporary or permanent, depending on the circumstances and court decisions.
What should I do if the order is violated? Contact local law enforcement immediately.

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