Occupation Order Solicitors

If you are worried about your safety at home, or you are concerned that a current or former partner may return to the property, you may be able to apply to the Family Court for an Occupation Order. An Occupation Order can exclude a person from the property, or set out practical arrangements about how the home is used.

Occupation Orders are commonly used where there has been domestic abuse, threats, coercive or controlling behaviour, or where a relationship breakdown has made it unsafe or impractical for both parties to continue living in the same home. They can also be made alongside a Non-Molestation Order where wider protection from harassment, intimidation or contact is needed.

Led by Sobiah Hussain, Head of Private Family Law, our specialist family law team advises clients across England and Wales on Occupation Order applications. We offer prompt advice on whether an Occupation Order is the right course of action and if necessary, prepare the evidence and court documents at short notice, seeking to put protection in place as soon as possible.

Applying for an Occupation Order

A successful Occupation Order application depends on presenting the Court with clear and detailed evidence, not simply completing the court forms. The application should explain your connection to the property, your relationship with the other person, what has happened, and why the Court’s protection is required. Supporting evidence may include messages, emails, photographs, police records, medical evidence, housing documents, financial information or witness statements.

Where there is an immediate risk of harm, the Court may be asked to make an interim Occupation Order without the other person being notified in advance. If the Court grants a without notice order, it will usually list a further hearing at which both parties can attend before deciding whether the order should continue, be varied or be discharged. In other cases, the application will proceed on notice from the outset.

How the Court decides whether to make an order

The Court considers a range of factors when deciding whether an Occupation Order should be made. These include the housing needs and financial resources of each party, the effect the decision is likely to have on the health, safety and wellbeing of everyone involved, including any children, and the conduct of the parties. The Court will also consider whether you or any relevant child is likely to suffer significant harm if an Occupation Order is not made, and weigh this against the harm the other person may suffer if the order is granted.

Occupation Orders are usually made for a limited period, although they can sometimes be extended. Depending on the circumstances, an order may require someone to leave the home, prevent them from returning to the property or surrounding area, regulate who can occupy different parts of the home, or deal with practical matters such as access, repairs or responsibility for household bills while the order remains in force.

How we can help

Our team has extensive experience acting in Occupation Order applications and understands the legal thresholds the Court applies in practice, the evidence judges are likely to find persuasive, and the issues that commonly arise at hearings. We begin with an initial conference to discuss your circumstances in detail, assess whether an Occupation Order has a realistic prospect of success, and advise on the best course of action.

If you decide to proceed with an application, we will identify the evidence that is likely to assist your case, prepare the necessary court documents and witness statements, and present your application as clearly and effectively as possible.