What is an Occupation Order?

What is an Occupation Order, and how can one help you?

Occupation Orders

An Occupation Order is a type of court order in the UK that regulates who can remain living in a home. Occupation Orders are made by family courts and are used to protect people who are at risk of harm or who are involved in a violent or abusive situation.

What does an Occupation Order do?

An Occupation Order can exclude someone from the home, or allow them to return to the home, depending on the circumstances. Effectively they can control who stays in the home and keep someone safe by moving an abuser, stopping them from returning and preventing further contact.

Examples:

  • Removing someone from the home, even if they have a legal right to live there (e.g., if they own the property or are named on the tenancy agreement).
  • Allowing someone to return to the home if they have been forced to leave due to abuse or threats. The order can specify whether the person who is excluded can visit the home, and if so, under what conditions.

What will the court take into consideration?

The court will need to consider on balance, whether greater harm would be suffered if an order is not made. This is referred to as the “balance of harm test”.

  • Harm to you: What harm will you face if the other party stays in the home? This could be physical harm, emotional distress, or continued abuse.
  • Harm to the other party: What harm will they face if they are removed from the home? This might include losing their home or being separated from children.

The court will balance these factors and decide if your safety (and that of the children if appropriate) outweighs the impact on the other party. If the harm to you is greater, the order will be granted.

How can an Occupation Order help you

  • Protect you from Abuse: If you are experiencing domestic abuse, an Occupation Order can make sure the abuser is kept away from you and your home, giving you space and safety whilst the longer term arrangements are being sorted.
  • Help Prevent Further Harm: It prevents the abuser from coming back, so you can feel safe and secure in your own space.
  • Allows You to Stay: If you have been forced to leave your home, the order can help you return and live there without fear of the abuser coming back.
  • Give You Peace of Mind: Knowing there is a legal order protecting your home and safety can give you peace of mind while you sort out your situation and figure out the next steps.
  • Quick Help in Emergencies: If you are in immediate danger, an emergency Occupation Order can be made quickly, sometimes even without the abuser being there. NOTE: These orders are very rarely made without notice being given because the order is essentially making someone homeless and for this reason, the courts often want to hear from both parties first.

Who can apply for an Occupation Order?

You can apply for an Occupation Order if you are a partner, spouse, cohabitant, or even a close relative of the person who is being abusive or controlling. It can also apply to people living in shared accommodation or in family homes.

Children can also be protected by an Occupation Order if they are affected by the situation. For example, if a parent is the victim of abuse, the court may issue an Occupation Order to ensure the safety of both the parent and the children.

This is not an exhaustive list and we would always recommend checking before making an application. Our family department will be happy to assist.

Applying for an Occupation Order

  • Applications need to be made to the family court.
  • Evidence of abuse or violence that justifies the order will be required. This could include a police report, medical records, photographs, witness statements, or any other documentation that shows the need for protection.

Our team is highly experienced in applying for and obtaining Occupation Orders.

Emergency Occupation Orders

If there is an immediate risk to your safety, you can apply for an emergency order, which can be granted quickly (sometimes without the abuser being present in court). However, emergency orders are very rarely made without notice being given because the order is essentially making someone homeless and for this reason, the courts usually want to hear from both parties before making a decision.

How we can help you

An Occupation Order is a powerful tool for protecting your safety and securing your right to live in your own home, particularly in situations involving domestic abuse or harassment. It can ensure that an abuser is removed from the home, prevent them from returning, and provide you with legal protection if you are at risk. If you are in an abusive situation, seeking an Occupation Order can be an important step toward gaining control of your living environment and protecting yourself and your family.

We offer a free consultation service. So, to find out where you stand on obtaining an Occupation Order, call us on 0333 888 0404 or email us at [email protected].

Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.
Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.

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