Victims of domestic abuse often report that they no longer feel safe in the comfort of their own home. Living with fear, control and violence can be overwhelming and deeply distressing. While one option may be to leave the family home, this is not always straightforward, particularly where children are involved. The situation can become even more complex when financial circumstances and housing needs must also be considered.
An occupation order is an injunction made under the Family Law Act 1996. It sets out the rights of occupation of a family home and determines who is entitled to live in the property, remain there, or be excluded from it. An occupation order can regulate how a home is used and can provide immediate legal protection where there is a risk of harm.
If you or someone you know is experiencing this situation, the information below explains how an occupation order may help provide protection and stability.
When is it appropriate to consider an occupation order?
An occupation order may be sought where an individual and/or their child/children no longer feel safe living in the family home due to domestic abuse or related behaviour.
It is often considered when:
- There is a risk of harm, harassment or intimidation.
- Remaining in the property is necessary for safety, stability or childcare.
- Leaving the property would cause significant hardship or disruption.
What protection can an occupation order give
If the court grants an occupation order, it can make legally binding decisions about:
- Who can live in the property.
- Who can remain in the property.
- Who must leave the property.
- How certain parts of the home can be used.
- Who can return to the property.
- Who must stay a certain distance away from the property.
- Who should pay the bills, mortgage or rent.
Breaching an occupation order can carry serious legal consequences.
Who can apply for an occupation order?
Not everyone can apply for an occupation order. The court will consider your relationship with the other individual and whether you are classed as an “associated person.”
This may include situations where:
- You are or have been married to each other.
- You are or have been civil partners of each other.
- You are a cohabitant or former cohabitant.
- You are relatives.
A solicitor can help confirm whether you are eligible to apply.
What are the requirements and what evidence is needed for an occupation order?
The court must be satisfied that there are reasonable grounds to make an occupation order.
There must be a risk of harm to you or your child. The court will also consider:
- The housing needs and financial resources of both parties.
- The health, safety and wellbeing of everyone involved.
To support your application, you may be expected to provide evidence of domestic abuse or harassment, such as:
- A written statement from you.
- Evidence of police involvement.
- Medical records.
How can you apply for an occupation order?
You can apply by completing a Form FL401 and submitting this to the court. There is currently no court fee payable for making an application.
A solicitor can assist with completing the form accurately and preparing supporting evidence.
How long does an occupation order take to be granted?
Timescales vary depending on several factors, including urgency, complexity and court availability.
- Emergency applications:
Where there is a significant risk of harm to you or a child, an application can be made urgently. An occupation order may be granted within as little as 24 hours. - Non-urgent applications:
Where there is no immediate risk, it may take several weeks or months for an order to be granted. If the other party contests the application, further hearings may be required.
How long does an occupation order last?
Typically, once granted, an occupation order can last for up to six months. In some cases, it may be extended to 12 months.
An occupation order is not intended to be indefinite. It is usually granted on a temporary basis while longer-term housing or ownership arrangements are resolved.
Getting legal advice
Because an occupation order can significantly affect housing, safety and family life, early legal advice is strongly recommended.
A solicitor can explain:
- Whether you are eligible to apply.
- What evidence is required.
- How the court balances safety, harm and legal rights.
At Woolley & Co, we offer a free initial call with an experienced family law specialist. Please do not hesitate to get in touch by calling us on 0800 321 3832 or completing our short online form so we can discuss your options, explain how we can help, provide clear cost information and next steps.
Sanjay Solanki
Family law solicitor, Solihull
