Following the breakdown of a relationship, there are situations where it may no longer be safe or appropriate for both parties to continue living in the same property. Where there are concerns about domestic abuse, intimidation or serious conflict, the court has the power to make an Occupation Order to regulate who can live in the family home.
An Occupation Order is designed to provide protection and stability where living arrangements have become untenable. It can provide immediate protection whilst longer term arrangements are considered, helping to reduce the risk of further conflict and ensuring that vulnerable individuals and children are able to remain safe.
What Is An Occupation Order?
An Occupation Order is a court order which determines who can occupy a property and, in some cases, who must leave it. Depending on the circumstances, the order may exclude one person from entering or living in the home, or regulate how each party uses the property.
Occupation Orders are most commonly made in cases involving domestic abuse or where there is a need to protect the welfare of one party or any children. The order can apply whether the property is owned by one party, jointly owned or rented, although the court will consider the legal rights each person has in relation to the home.
In some cases, the order may prevent a person from entering the surrounding area of the property or require them to leave immediately. The exact terms of the order will depend on the circumstances and the level of protection considered necessary.
Who Can Apply For An Occupation Order?
Not everyone can apply for an Occupation Order. The right to apply will depend on your relationship with the other person and your connection to the property.
Applications are commonly made by spouses, civil partners, former partners, cohabitants and certain family members. The court will consider both your legal rights to the property and your relationship with the respondent when deciding whether an order can be made.
Even where someone is not the legal owner or tenant of the property, they may still be entitled to seek protection if they meet the relevant legal requirements. Obtaining legal advice at an early stage can help clarify whether an application is available and what evidence will be needed to support it.
How Does The Court Decide?
When considering an application, the court will look at all of the circumstances of the case. This includes the housing needs and financial resources of both parties, the likely impact on any children and the behaviour of those involved.
Where there is evidence that one person or a child is at risk of significant harm if an order is not made, the court will carefully consider whether granting an Occupation Order is necessary to provide protection. The court will balance the potential harm that each party may suffer before deciding whether it is appropriate to make the order.
Evidence may include witness statements, police involvement, medical evidence or details of previous incidents where relevant. The court will also consider whether there are any practical alternatives to making an Occupation Order and whether the terms of the order are proportionate to the circumstances. Every application is assessed on its own facts, with the court seeking to achieve a fair balance whilst ensuring appropriate protection is provided where necessary.
How Long Does An Occupation Order Last?
The length of an Occupation Order will depend on the circumstances of the case and the type of order made. Some orders remain in place for a number of months, whilst others may be extended if the court considers that continued protection is required.
The order can also include specific conditions about access to the property or the use of different areas within the home. If circumstances change, either party may be able to apply to vary or discharge the order, although this will depend on the reasons for the application and whether the court considers it appropriate to make any changes.
In many cases, an Occupation Order provides temporary protection whilst longer term arrangements relating to housing, finances or children are resolved. The court will keep the duration of the order under review to ensure it remains appropriate for the circumstances.
How We Can Help
Donna Goodsell states that making an application for an Occupation Order is often a significant step taken during an extremely difficult period. Taking early legal advice can help you understand whether an order is appropriate, what evidence is required and how best to protect yourself and your family.
At Goodsells Family Law we provide clear and practical advice to clients seeking protection following relationship breakdown, ensuring that your interests are properly safeguarded and that we achieve a fair and workable outcome.
How To Get In Contact
Contact us at Goodsells Family Law to discuss your situation and obtain tailored advice. Call us on 020 7622 2221 or email us at enquiries@goodsellssolicitors.co.uk.