Occupations Orders

What is an Occupation Order?

An Occupation Order is a type of injunction issued by the family court that regulates who can live in the family home and how the property is used. These orders are commonly sought in situations involving domestic abuse, conflict or safety concerns.

An Occupation Order can:

• Exclude a person from the home and surrounding area
• Enforce your right to remain in the property
• Divide the home so you and the other person do not have to share space
• Restrict access to certain rooms or areas
• Prevent someone from returning to the property

Who can apply for an Occupation Order?

You may be eligible to apply if you have a legal right to occupy the property or if you are associated with the person you wish to exclude. This includes:

• Spouses and former spouses
• Civil partners and former civil partners
• Cohabiting or former cohabiting partners
• Certain family members
• Parents of a child
• Parties to the same family proceedings
• An intermediate personal relationship which is or was of significant duration

What the Court considers before making an Occupation Order

Before deciding whether to make an Occupation Order, a family court judge will need to consider all the circumstances including:

• The housing needs and housing resources of each party and any relevant child
• The financial resources of each party
• The likely effect of any order, or decision not to exercise powers, on the health, safety or well-being of the parties and any relevant child
• The conduct of the parties
• The length of time since the parties lived together or since their marriage/civil partnership was dissolved

Are Emergency or Without‑Notice Occupation Orders possible?

Because Occupation Orders can remove someone from their home, the court is cautious about granting them without notice. Emergency or without‑notice applications are less common, but may be appropriate where:

• There is an immediate risk of harm
• The respondent may become violent if notified
• There is a risk of intimidation or interference with evidence

We can advise you on whether an urgent application is suitable in your situation.

How we help with Occupation Orders

Our specialist family law solicitors have extensive experience in both applying for and defending Occupation Orders. We can assist with:

• Assessing whether an Occupation Order is appropriate
• Preparing your application and supporting evidence
• Advising on the balance of harm test
• Representing you at court hearings
• Exploring non‑court options where appropriate
• Coordinating with police, social services and other agencies

Our experts are well equipped to bring these matters to court and can do so speedily, but we always explore non-court resolution options to see if a pragmatic way forward can be found.