Occupation orders

If you’re still living with someone who has been abusive towards you, it may be possible to get them to leave the family home with an occupation order.

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How an occupation order protects you

An occupation order protects you and your children by forcing somebody who has been abusive to live elsewhere.

The overall purpose of the order is to determine who is allowed to live in the family home.

It can be a fairly short-term thing, and the maximum amount of time that the order can be in place is 6 months at a time.

However, if you still feel unsafe after 6 months, we can ask the court to extend it.

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How to get the order

1. Prepare your witness statement

The first step in applying for the order is to prepare your witness statement. This is your chance to explain your situation to the judge, and provide evidence if you can.

We can help you with this and make sure you have as much evidence as possible.

2. File the documents at court

Then we file the application and your witness statement at court. There is no court fee payable for this.

3. Attend a hearing

The next step is to attend a hearing. This may sound daunting, but it is a small, private hearing. The only people there will be you, the person you’re applying against, the judge, and the legal representatives.

The judge will consider your financial resources, the impact on your children, and the conduct of the other person, and your own conduct. Then the judge will make the order about who lives in the family home.

The judge may also include in that order a decision about who has to pay the mortgage or rent.

4. Serve the order

Once the order is granted, we will serve it on the other person, so that they are aware that it is now in place. Serving the order simply means that we bring it to their attention. Normally, this means instructing a process server or a court bailiff to find your opponent and hand them the paperwork.

What happens if the order is breached?

If the other person breaches the order, they could face a fine or imprisonment.

When they make the order, the judge might say that a ‘power of arrest’ is attached. That means that if the other person breaches the order, they can be arrested without a warrant.

If there’s no ‘power of arrest’ attached to the order, then you need to apply to court for the issue of a warrant for their arrest.

We can help you with this too. You’ll need to provide evidence how the other person has breached the order if you can.

Frequently asked questions

Yes, in some circumstances. The court will take the ownership of the property into consideration, but may nonetheless still order the other person to leave the property.

Occupation orders are normally put in place for a maximum of 6 months. Some may be in place for just a few weeks. If you think you need the order in place for longer than 6 months, we can apply for an extension when it’s about to expire.

Take your first steps today

We understand that taking legal action against someone in your family home is a difficult and scary decision. Our solicitors are experienced in this area, and can give you educated legal advice, while supporting you through this challenging time. We’re by your side to help you feel safe again. If you’d like to explore taking things further, please get in touch for a free 45-minute consultation.

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We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.