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Experiencing any form of domestic abuse from the person you live with is a tricky situation, to say the least. This situation often leaves people feeling stuck and unable to escape. An occupation order can help you with this issue, allowing you to stay in your home without the abuser.
In this article, I explain what an occupation order is and how you can apply for one.
If you’re ready to contact a family solicitor about the next steps, please call us on 0203 007 5500.
What is an occupation order?
An occupation order is a form of injunction applied for through the family court when someone is experiencing domestic abuse. The primary function of the order is to ensure the person who has been abused has a safe place to stay without the abuser present.
An occupation order can control:
- Who should remain in the home
- If and when the abuser can visit the property
- Whether restrictions are placed on all or part of the home, or even the area surrounding the home.
Who can apply for an occupation order?
To apply for an occupation order, you must be classed as an ‘associated person’ to the respondent under the Family Law Act 1996. An associated person is when the respondent of the order is associated with you in one of the following ways:
- Married
- Civil partnership
- Current or former cohabitant (including same-sex cohabitation)
- Living in the same household
- Relative (blood relative or otherwise)
- A person with parental responsibility for the same child
- You have or had an intimate relationship for a significant amount of time
- You are both a party in the same family proceedings
If the person named on the injunction goes against it, they can be arrested.
What is the difference between occupation orders and non-molestation orders?
Both orders aim to protect someone from further abuse, however they tackle different aspects.
A non-molestation order aims to prevent further abuse by prohibiting certain behaviours and stopping contact.
An occupation order solves the specific issue of which party should stay in the shared home.
Talk to us now to get your order in motion
Speak to our family team today to find out more about how an occupation order could help you.
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Occupation order example:
Jane has been living with her husband for ten years. In the past three years, Jane’s husband has become increasingly violent, leading her to stay at her brother’s house. Jane feels she has the right to live in her home but doesn’t want to live with her abusive husband.
In this circumstance, Jane applied for an occupation order. The court granted the order and prohibited the abuser from going near the property, allowing Jane to move back into the home.
How to apply for an occupation order
To apply for an occupation order, you must complete the FL401 form correctly and submit it to the court for their consideration. However, before you make the application, you need to ensure you meet the following requirements:
- The parties involved must be ‘associated’ with one another under the Family Law Act 1996 (as described above).
- The property was, is, or was going to be the home of both parties.
- The applicant for the order must have a legal or beneficial interest in the property or a right to occupy it. For example, if one spouse is not the property owner, they will still have ‘marital home rights’ by their marriage and occupation of the property as their home.
You can fill out the application yourself, a solicitor can apply on your behalf, or they can review your application before submission.
Do I need to tell the person I’m getting the order against?
In most cases, you do need to notify the other party that you are applying for an occupation order, as they will need to attend the court hearing and give their side of the story. You could always get a third party to notify them if you don’t feel comfortable relaying the message yourself.
In the case of an emergency or to reduce risk of harm, the other party does not need to be notified or included in the court hearing. In this case, an interim order can be placed until a full hearing is scheduled.
What evidence do I need for an occupation order?
You need to provide evidence of the abuse you’re experiencing to help the court understand why you’re applying for the occupation order. The evidence could be a written statement, photos, reports, and testimonies.
You’ll also need to show what right you have over the property. For example, if you rent, you’ll have a tenancy agreement with your name, if you have a mortgage, you’ll have your banking papers.
If you have children, you’ll need to share how the order will protect them from further harm.
What will the courts consider when deciding whether to grant the order?
When a court is considering granting an occupation order, they will apply two tests, which are:
Balance of harm test: This test sets out the court’s duty to balance the harm caused to the applicant, the respondent and children involved if the order was absent. Therefore, under the balance of harm test, the court must make the occupation order if anyone is likely to suffer significant harm without the order.
Core criteria test: In a circumstance where the balance of harm test fails, the court can make an occupation order via a core criteria test. In this instance, the court has the discretionary power to grant an occupation order if they feel it’s appropriate after considering the following factors:
- Housing needs of both parties and any relevant children involved.
- Financial resources of each party.
- Likely effect of an occupation order on the health and well-being of both parties and relevant children involved.
- The severity and frequency of the abuse.
What if I can’t afford the bills on my own?
Finances are a consideration of the court when granting the order. They have the power to enforce certain conditions, such as both parties contributing to the mortgage payments.
Struggling with a matter of domestic violence?
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How long does an occupation order last?
The court will decide how long the occupation order should last, but it will rarely last more than six months.
What if I still need the order after it expires?
If you’re worrying about your order ending, don’t panic. You can apply for an extension by submitting an FL403 form and attending court.
The court will only make an extension for a maximum of six months at a time, but there is no limit to how many times it can be extended.
How much does an occupation order cost?
The cost of an occupation order depends on the complexity and severity of the matter. However, to give you an idea of cost, the average price falls into the region of £5,000- £18,000 plus VAT.
You must complete the application correctly to get yourself the protection you need. Instructing a solicitor will ensure you have the best possible chance of getting the court to grant your application.
It is possible to get financial aid to help you gain an occupation order. Please note, we do not offer legal aid at Britton and Time.
Get in touch with our family solicitors.
We know how stressful these matters can be. That’s why our initial consultations with our family solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 0203 007 5500.
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