An Occupation Order is a legal injunction that regulates who can live in the family home or enter the surrounding area. It is designed to provide protection and relief in situations where there are disputes or concerns about occupation of the home, particularly in cases involving domestic abuse or threats to personal safety. There is no court fee to file an application for an occupation order and they often go hand in hand with an application for a Non Molestation Order.
If you are served with an Occupation Order we suggest you read it very carefully and do not breach the terms of the Order. If you disagree with the Order or the allegations made in support of the Order you should consider applying to the court to set the order aside. If you do nothing then the Order will remain in force until the expiry date or until the next hearing, if one has been listed.
Here are the key aspects of an Occupation Order:
Purpose of an Occupation Order
An Occupation Order serves several purposes:
- Protecting Victims of Domestic Abuse: It can exclude an abusive partner from the family home to ensure the safety and well-being of the victim and any children involved.
- Regulating Occupation: It regulates who can live in or enter the family home, specifying who can reside there and the terms under which they can do so.
- Preventing Harassment: It can prevent a person from entering or attempting to enter the home or surrounding area.
When is an Occupation Order Used?
Occupation Orders are typically sought in situations where:
- There are allegations or evidence of domestic violence, harassment, or threats of harm.
- There is a need to protect the safety and well-being of individuals in the household, including children.
Types of Orders
There are different types of Occupation Orders and protective orders that can be granted by the court:
- Non-Molestation Order: This type of order prohibits someone from using or threatening violence against another person or intimidating, harassing, or pestering them.
- Exclusion Order: This order excludes a person from a particular area, such as the family home or its vicinity, for a specified period.
- Residence Order: This determines who can live in the family home and can specify who should leave or stay. You can also obtain Zonal orders in respect of the property that sets out what parts of the house or what times of the day you can use certain parts of the house in order for both parties to remain living there but with as limited contact as possible.
Process of Obtaining an Occupation Order
- Application: An individual can apply for an Occupation Order at the family court. This can be done as part of other family law proceedings (e.g., divorce, child arrangements) or as a standalone application. There is no fee for filing this form. Depending on the circumstances the application can be made Ex Parte (without notice) or on notice.
- Grounds: The applicant must demonstrate to the court that there is a risk of harm or significant harm to themselves or others if the order is not granted.
- Evidence: Supporting evidence, such as witness statements, police reports, medical records, and any other relevant documentation, should be provided to substantiate the application.
- Court Hearing: The court will consider the evidence and circumstances presented. If granted, the court will specify the terms and duration of the order.
Duration and Review
- Duration: Occupation Orders can be granted for a specified period, typically up to 12 months initially. They can be extended upon application if the circumstances warrant it.
- Review: The court may review the order at specified intervals to assess whether it is still necessary and appropriate.
Breach of an Occupation Order
- Breaching an Occupation Order is a serious offence and can result in legal consequences, including fines or imprisonment. It is crucial to comply with the terms of the order to avoid legal repercussions.
Conclusion
An Occupation Order is a legal tool used in UK family law to regulate occupation of the family home and protect individuals from domestic abuse or harassment. It plays a crucial role in ensuring the safety and well-being of those involved in family disputes, providing legal protection and relief where necessary.
If you feel the need to apply for an occupation order you can seek legal advice and also determine if you are entitled to Legal Aid.
If you are responding to an application made against you and doing so on your own then contact us.
Here at FLPS we offer affordable, supportive assistance, if you would like to discuss matters further then please email us on info@fl-ps.co.uk or contact us here and we will happily chat with you about your situation and the options available.