Occupation Order
The Family Law Act 1996 aims to protect those suffering domestic abuse and offer remedies to those who apply. Under this Act, a victim of abuse may apply for a Non-Molestation Order which prevents the perpetrator from pestering, harassing or molesting. It does not, however, deal with the issue of the occupation of the family home.
What is an Occupation Order?
An occupation order is an order granted by the Court that can be useful in situations such as:
Requiring an abuser to depart the property.
Preventing an abuser from entering the property.
Prohibiting the abuser from a defined area in which the property is located.
Enforcing a right to remain in the property
Restricting or prohibiting the exercise of occupation in the property.
The person who is applying for the order is known as the Applicant and the person who the order is applied against is known as the Respondent.
Who can apply for an Occupation Order?
The Family Law Act 1996 establishes that an Occupation Order can only be applied for against an ‘associated person’, these are any of the following:
Former and current spouses, including civil partners and cohabitants.
Close relatives (Blood or otherwise)
People currently living in the same household.
Parents of children who live in the house or those with parental responsibility
Those who have been in an intimate relationship with each other for a significant
period of time.
Applying for an Occupation Order
An Occupation Order is not easily granted by the Court and there are three requirements that must be met for an application to be considered, these are:
The applicant must have a legal or contractual benefit in or is entitled to occupy the property. Even if you are not registered as a legal owner of the property, if you are married to the owner you will automatically have an entitlement to occupy the property.
The property is or has been the home of both parties and was intended to be their permanent residence.
The parties must be ‘associated’ persons, as defined above.
Occupation Orders are usually granted for a period of six months but in some circumstances can be extended one or more times for a period of up to six months at a time.
How MJP Law can help?
Our Family Law team have extensive experience with occupation orders and are able to help you obtain this protection quickly and with the utmost sensitivity.
If you require help with an Occupation Order please contact a member of our Family Law team on 01202 842929 or family@mjplaw.co.uk
We have also included a list of helpful contacts for anyone suffering from domestic abuse.
Refuge National Domestic Abuse Helpline - 0800 2000 247 (Freephone) Refuge National Domestic Abuse Helpline
Samaritans – 116 123 (Free) Samaritans | Every life lost to suicide is a tragedy | Here to listen
Gov UK. Domestic abuse: How to get help
