Our specialist Occupation Order lawyers are highly experienced and are on hand to advise and assist with applying for and defending family-based injunctions such as Occupation Orders.

If you have been subjected to domestic abuse, then you can apply for a civil injunction or protection order to protect you from an abuser.

An injunction is a court order that requires someone to do or not to do something. One of the main types of injunctions is an ‘Occupation Order’.

Occupation Orders are usually accompanied by a Non-molestation order to provide greater protection from Domestic Violence.

What is an Occupation Order?

An Occupation Order is issued by the family court and sets out who has the right to live at the family home, who can return and who should be excluded.

The Order does not change the financial ownership of a property and is normally a short-term arrangement depending on your needs.

The Order can also stipulate who pays the rent or mortgage and bills on the property, who has to maintain the property, what furniture and contents can be used and whether the party in occupation should pay rent to the other person.

Who Can Apply for an Occupation Order?

There are many different types of Occupation Order depending on your interest in the property and relationship to the other party.
You must be “associated” with the other person in one of the following ways:

  • You are or have been married or civil partners
  • You have lived together in the same household in a family scenario
  • You have had an intimate physical relationship of significant duration
  • You are parties to the same family proceedings

You must be associated with the other person in one of the following ways:

  • The owner or joint owner of the property
  • A tenant
  • If you have any financial interest in the property
  • If you are or have been the spouse, civil partner or cohabitee of an owner, tenant or someone who has a financial interest in the property or a previous property

Our experienced team can discuss options with you and assess funding and eligibility criteria based on your individual circumstances.

Considerations of The Court

This depends on the specifics of the matter and which part of the Act you are applying under, however, in general terms the Court will apply two tests, the “balance of harm” and the “core criteria” tests.

The Judge will consider several factors including:

  • How you, your partner’s or child’s wellbeing, mental health, physical health and safety will be affected by any order and how this compares to what would happen if no order was made
  • The housing needs for you, your children and your partner
  • What might happen if someone is made homeless and the likely effect of any other type of order
  • Yours and your partner’s behaviour
  • Yours and your partner’s financial resources

The Court will also consider what other legal remedies are available and what proceedings have been or are intended to be issued.

Speak to our specialist today so we can advise you in more detail after speaking in depth about your case.

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How Long Does it Take to Get an Occupation Order?

This depends on the specifics of the matter and which part of the Act you are applying under, however, in general terms the Court will apply two tests, the “balance of harm” and the “core criteria” tests.

How Long Does the Order Last?

The court can issue the order for a specific period up to 12 months or until a further order is granted.
As always, it is highly recommended that you seek independent legal advice.

What If the Order is Breached?

If an Occupation Order is breached the individual can be brought before a Judge and fined or imprisoned for breaking the terms of the order.

Where a victim feels such orders are too strong, it is possible to agree undertakings– a solemn promise to the court.

Why Choose Us?

Our specialist Family solicitors will be by your side throughout all stages of your matter. They will discuss the merits of your case and present you with options on how to proceed.

We have helped many individuals across the country through the complex and sensitive process.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information
and advice about our services. We will happily provide you with a free initial
discussion about your individual circumstances.
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