10 Types of Evidence You Must Have for an Occupation Order
- Details
- Written by: Wembley Solicitors
An Occupation Order is a legal order granted by the Court under the Family Law Act 1996 that regulates who can live in the family home and provides protection.
The evidence needed for an Occupation Order under the Family Law Act 1996 varies based on your specific situation and the grounds for your application.
Here are 10 essential types of evidence for an Occupation Order:
- Proof of Relationship or Connection to the Property
- Evidence of Domestic Violence or Abuse
- Evidence of Risk to Children
- Evidence of Intimidation or Fear of Violence
- Evidence of Financial or Housing Needs
- Evidence of the Breakdown of a Relationship
- Evidence of Previous Court Orders (if applicable)
- Personal Statements
- Expert Reports
- Emergency Circumstances (if applying for an immediate order)
- Final Thoughts
1. Proof of Relationship or Connection to the Property
To support an Occupation Order application, you need proof of your relationship or connection to the property such as a marriage certificate or cohabitation evidence.
You can provide:
- Marriage or civil partnership certificate
- Joint tenancy agreement
- Mortgage documents
- Utility bills (electricity, gas, water, internet) in both names
- Council tax showing the same address
- Bank statements showing the same address
2. Evidence of Domestic Violence or Abuse
If your application is about domestic violence or abuse, the court needs proof. This can be police reports, medical records, or photographs of injuries.
Also, witness statements from family and friends are important. The documented threats via texts, emails, or social media posts that show abuse can also help your case.
3. Evidence of Risk to Children
In cases where children are at risk, the Court looks at safety. Reports from social services and medical records are key. Statements from child psychologists also provide valuable insights. Any evidence of the child's distress is significant.
You can also prove witness statements regarding how the children are impacted by the current living arrangements.
4. Evidence of Intimidation or Fear of Violence
For applications based on fear of violence or intimidation, you must show genuine risk. Witness statements and records of threats are important. These can be written correspondence like texts or emails.
5. Evidence of Financial or Housing Needs
The Court might ask for financial or housing-related evidence. This includes pay slips or financial statements and housing documentation. If your housing needs are key, this evidence is vital.
6. Evidence of the Breakdown of a Relationship
If the reason is the breakdown of a relationship, you need to show it's over. Communication records like texts, emails, or letters are useful. Witness statements from those who know the relationship can also help.
7. Evidence of Previous Court Orders (if applicable)
If applicable, provide evidence of previous court orders can include copies of injunctions, restraining orders, or protection orders related to the relationship, supporting your Occupation Order application.
8. Personal Statements
You may also need to submit personal statements or affidavits. These explain your reasons for applying and why you need the order. This can be a written statement from you or witnesses.
9. Expert Reports
Psychological or medical reports may be needed to support claims of abuse, mental distress, or the welfare of children involved.
10. Emergency Circumstances (if applying for an immediate order)
You need to provide evidence of immediate risk, including recent threats or violent incidents, to justify the urgent need for an order.
Final Thoughts
When applying for an Occupation Order, having the right evidence is important to obtaining an Occupation Order and strengthening your case.
Gathering these key pieces of evidence can make a significant difference in securing the Occupation Order you need for your protection.
It's highly recommended to get legal advice and assistance from a specialist family law solicitor. They can guide you, ensure you have strong evidence, and protect your rights.
If you want legal advice or assistance with obtaining an occupation order, call our family law solicitors in London at 0203 417 3700 or fill in our enquiry form.
There are several ways to contact Wembley Solicitors:
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Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Wembley Solicitors before making any decisions based on the information provided on this website.
