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.
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.
There are many different types of Occupation Order depending on your interest in the property and relationship to the other party.
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:
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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