An Occupation Order is a type of court order that can decide who lives in the family home, and under what conditions. These orders are often used in situations where there is conflict or concern about safety, especially in cases involving domestic abuse.
Below, we explain what an Occupation Order is, who can apply for one, and what the process involves.
WHAT IS AN OCCUPATION ORDER?
An Occupation Order is made by the Family Court. It can:
- Give someone the right to stay in the home, even if they don’t own or rent it.
- Exclude someone else from the home, even if they are legally entitled to live there
- Set rules about who uses certain parts of the home (for example, who can use bedrooms or shared areas).
The aim is to provide protection and stability, particularly for victims of domestic abuse and any children involved.
WHO CAN APPLY FOR AN OCCUPATION ORDER?
Not everyone can apply. The law says you must have a legal connection to the property or to the person you are applying against. This usually means:
- You are married, civil partners, or cohabitants (or former partners).
- You are living in the home as your main residence.
- You are a parent of the other person’s child.
If you’re unsure, a solicitor can advise whether you qualify.
WHEN MIGHT AN OCCUPATION ORDER BE NEEDED?
You might consider applying for an Occupation Order if:
- You feel unsafe living with your partner or ex-partner.
- There has been domestic violence, threats, or controlling behaviour.
- You need to secure a stable home for your children.
- You have been forced to leave your home and want the right to return.
HOW LONG DO OCCUPATION ORDERS LAST?
An Occupation Order can be temporary (for a few weeks or months) or longer, depending on the circumstances. In urgent cases, the court can grant an emergency Occupation Order (sometimes called an ex parte order), which can be made without notifying the other person first.
WHAT DOES THE COURT CONSIDER?
The judge will look at a range of factors before deciding, including:
- The housing needs of both parties.
- Financial resources available to each person.
- The effect on the health, safety, and well-being of you, your partner/ex-partner, and any children.
- Whether either party has somewhere else they can reasonably live.
The court’s top priority is the safety and welfare of children in the home.
WHAT HAPPENS IF THE ORDER IS BREACHED?
If the person who is excluded ignores the order and tries to come back to the home, this can be a criminal offence if a “power of arrest” is attached. Police can arrest the individual immediately.
Even without a power of arrest, the breach can be taken back to court and lead to serious consequences.
HOW TO APPLY FOR AN OCCUPATION ORDER
Contact our office if you would like to apply for an Occupation Order.
- A court application will need to be completed and a written statement which explains your situation will need to be provided.
- You may also apply at the same time as a Non-Molestation Order if you are experiencing domestic abuse.
- Legal aid may be available if you are a victim of domestic abuse and cannot afford legal representation.
Occupation Orders are powerful and can have significant consequences. It’s important to get legal advice before applying. A solicitor can help you understand your options, prepare your application, and represent you in court if needed.
– If you are in immediate danger, call 999.
– For confidential support, you can also contact organisations such as Refuge or the National Domestic Abuse Helpline (0808 2000 247)
