Occupation Order

An occupation order is a legal tool designed to protect you and your children from domestic abuse. It determines who can live in the family home. The court can grant various types of orders:

• Requiring someone to leave the property
• Suspending someone’s right to re-enter a property
• Regulating how one or both parties occupy the home (e.g. setting time limits on kitchen use)
• Ending one party’s right to live in a property
• Excluding one party from a specific area of the home

There are other family law injunctions for protection:

• Non-Molestation Orders to protect you from harassment, abuse or violence
• Freezing Orders to protect or freeze money and assets

You can apply for an occupation order if you meet these three criteria:

Criteria 1 – 

• You have an interest in the property (like ownership or tenancy) and are therefore entitled to live at the property.
• Even if you do not have a right to occupy the property, you can still apply for an occupation order in certain circumstances.

Criteria 2 – 

• You are “associated” with the person you are applying against, e.g. your spouse, partner or relative.

Criteria 3 – 

• The property is or was intended to be the home of both of you. 

Our specialist team at Maguire Family Law can advise you on whether you can apply. Call us on 01625 544 650.

We can help you draft the application and supporting statement. There is no court fee.

The court conducts a “balance of harm” test:

• It weighs the potential harm to you and your child if the order is not granted against the potential harm to the respondent if it is.
• It considers factors like housing needs, financial resources, and the conduct of both parties.

If the court orders your partner to leave, they may still be required to contribute to or cover the mortgage and household expenses. We can advise you on this.

An order usually lasts 6-12 months due to their significant impact. However, you can apply for an extension.

Violating an occupation order is a serious matter. If the person subject to the order fails to comply with its terms, i.e. refusing to leave the property as ordered, they can be held in contempt of court.

This can lead to fines or even imprisonment. It is important to understand and abide by the terms of the order to avoid these consequences.