Occupation Orders
OVERVIEW
An Occupation Order is a court order that controls who can live in, or return to, the family home.
It’s often used in situations where there are concerns about safety, particularly following a relationship breakdown or where domestic abuse is involved.
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If you need advice or protection, Get in touch with our team today.
Full Detail
What it can do
An Occupation Order can:
- Require someone to leave the family home
- Prevent them from returning
- Restrict access to certain areas of the property
- Allow you and your children to remain safely in the home
Who can apply
You may be able to apply if you have a connection to the property or the person involved, for example:
- A spouse or former spouse
- A civil partner or former civil partner
- A partner or former partner
- A family member
- Someone you have lived with
What to expect
Applications can be made urgently where needed.
In some cases, an Occupation Order may be made alongside a Non-Molestation Order to provide additional protection.
How the court decides
The court will consider all the circumstances before making an order, including:
- The safety and wellbeing of you and any children
- The housing needs of both parties
- Financial circumstances
- Whether harm would be caused if the order is not made (the “balance of harm” test)
The court’s main focus is to ensure safety and fairness.
How we can help
We understand how difficult these situations can be. Our team will support you throughout the process and help you take the right steps to protect yourself and your family.
We can help with:
- Advising on whether an Occupation Order is appropriate
- Preparing and submitting applications
- Representing you in court
- Supporting you alongside other protective measures
Get in Touch
If you need advice or protection, Get in touch with our team today.
