Protecting Your Right to Feel Safe at Home: Understanding Occupation Orders

An Occupation Order is a type of injunction made by the Family Court that regulates who can live in the family home and how the property may be occupied. These orders are most commonly associated with cases involving domestic abuse, family breakdown or serious disputes within the home, and are designed to provide protection and stability during difficult circumstances. 

Occupation Orders are made under the Family Law Act 1996 and can apply to married couples, civil partners, cohabiting partners, former partners and, in some cases, certain family members. Depending on the circumstances, the court may order one person to leave the property, restrict access to parts of the home, or prevent someone from entering the surrounding area altogether. 

These applications often arise where tensions within a household have escalated to the point where living together is no longer safe or manageable. There may be, for example, threatening, controlling, or abusive behaviour. Each application will depend on its own facts. The courts’ primary concern is the safety and welfare of those involved, particularly where children are living at the property. 

When deciding whether to make an Occupation Order, the court will consider a range of factors including the housing needs and financial resources of both parties, the likely effect of any order on the health, safety, and wellbeing of those involved, and the conduct of each person. The court must also consider whether significant harm is likely to be suffered if an order is not made. 

As these applications can have serious consequences for living arrangements and family life, the legal and evidential requirements are key. Obtaining early legal advice if therefore essential. 

If you would like to know more, and you would like to discuss further, please contact Sigourney Lee-Smith at SE Solicitors via slee-smith@se-solicitors.co.uk or find out more about our domestic abuse and children arrangement legal services.