Occupation Order

As a victim of domestic abuse, you can apply for an occupation order where the Court will decide who can live in the family home or enter the surrounding area.

Our family law solicitors can provide the legal advice and representation you need to protect yourself and your children.

Call on 0203 417 3700 to speak to our family law solicitors in Wembley, London or fill in the enquiry form for immediate advice & assistance with your Occupation Order application.

1. What is an Occupation Order?
2. How to apply for an Occupation Order?
3. What relief the applicant can seek from the Court in the Occupation Order?
4. How does the court decide whether to grant an Occupation Order?
5. How does Occupation Order protect you?
6. How long does an Occupation Order last?
7. Cost of contesting an Occupation Order
8. How can we help with the Occupation Order?

What is an Occupation Order?

An Occupation Order is a court order that gives you the right to live in your home while preventing another person from living on the property.

The Court will carefully assess if you & your children are likely to suffer harm if it is not granted.  They will also consider your housing needs, financial resources, and the conduct of both parties.

An Occupation Order regulates who can live in the family home and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an Occupation Order.

If the court issues an order, you will get a copy of the order which will say what the respondent can/cannot do and how long the order lasts for.

How to apply for an Occupation Order?

You can apply for an Occupation Order by using FL401 form yourself. However, it is advisable to get legal advice and assistance from an expert family law solicitor to strengthen your case and avoid making any mistakes that could cause delays.

Speak to our family law solicitors on 0203 417 3700 to get legal advice, eligibility assessment and assistance with your Occupation Order application.

What relief the applicant can seek from the Court in the Occupation Order?

Depending on the relationship between the parties, an applicant may apply to the Court for one or more of the following:

• to enforce the Applicant’s right to stay in the home;
• to require the Respondent to permit the Applicant to enter and remain in the home;
• to regulate the occupation of the home (for example who may use what parts of the house and at what times);
• to prohibit, suspend or restrict the Respondent’s rights to occupy the home (and in certain cases to terminate those rights);
• to require the Respondent to leave the home or part of it;
• to exclude the Respondent from a certain geographical distance away from the home.

How does the court decide whether to grant an Occupation Order?

The Court may consider the following factors:

• the housing needs and housing resources of each of the parties and of any relevant child;
• the likely effect of the Order/not making an Order on the health, safety, or well-being of the parties and of any relevant child;
• the conduct of the parties.

How does Occupation Order protect you?

An Occupation Order regulates the family home, such as:

• Suspending rights to occupy or visit;
• Evicting an abuser from the home;
• Preventing an abuser from returning;
• 100 metres of protection around the home.

How long does an Occupation Order last?

The Courts usually grant Occupation Orders for 6-12 months. However, the duration of the order depends on the circumstances of your case and other relevant factors.

Cost of contesting an Occupation Order

There is no court fee for applying for an Occupation Order. However, you might need to pay the legal fees of your legal representative if you want to use their legal services to strengthen your case or argument.

How can we help with the Occupation Order?

A team of family law lawyers at Wembley Solicitors will:

• provide professional legal advice and assistance;
• take your full statement and then review the history of your relationship and details of recent incidents between the Respondent and yourself;
• take statements from the witnesses (if any), so that further affidavits can be prepared and sworn by them;
• prepare and submit your application, along with a statement, setting out all the relevant facts of your case;

If you are applying for an Occupation Order and want to discuss your options, contact our family solicitors based in Wembley, London at 0203 417 3700.