What is an occupation order?
An occupation order can be made by people experiencing domestic abuse and is an injunction issued by the court which regulated and limits the individuals who can live in a home and/or certain specific areas around it.
Occupation orders can:
- exclude a person from a property and the surrounding area;
- enforce a person’s right to remain in a property; or
- divide up usage of a property so that you are not in the same space at the same time.
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 of the parties and of any relevant child
- the financial resources of each of the parties
- 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 was dissolved
This is why it’s uncommon for a Family court to make an Occupation Order on an emergency basis and without notice to the other party.
Our family law specialists have a wealth of experience in making (and defending) these applications. We 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.
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Our team of family solicitors take a personal approach to working with our clients which adapt to meet the needs of the individuals we work with. Learn more about our approach and how we put support, understanding and reassurance at the heart of everything we do.
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