You can contact us if you are seeking legal help and assistance from divorce & family law solicitors in London, Manchester or Birmingham in relation to your occupation order application and our team of divorce & family law solicitors will provide fast, friendly and reliable legal services for your occupation order application.

What Is An Occupation Order?

An occupation order is an order that someone must leave the home where you live, or allow you to return there if you have already left, or is only allowed to occupy certain parts of the home. The duration of the order depends upon the circumstances of your case. The court will make different orders depending on what rights you have to the property - for example whether you are a lodger or an owner-occupier - and the relationship between you and the other person, known as the Respondent. It will also consider the needs of any children.

An occupation order regulates who can live in the family home, and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.

What Relief The Applicant Can Seek From The Court In The Occupation Order?

Depending on the relationship between the parties, an Applicant may apply to the Court for one or more of the following:

  • to enforce the Applicant’s right to stay in the home
  • to require the Respondent to permit the Applicant to enter and remain in the home
  • to regulate the occupation of the home (for example who may use what parts of the house and at what times)
  • to prohibit, suspend or restrict the Respondent’s rights to occupy the home (and in certain cases to terminate those rights)
  • to require the Respondent to leave the home or part of it
  • to exclude the Respondent from a certain geographical distance away from the home.

What Factors The Court Will Consider In Making An Occupation Order?

In deciding whether or not to make an order the Court may consider the following factors:

  • the housing needs and housing resources of each of the parties and of any relevant child
  • the likely effect of the Order/not making an Order on the health, safety or well being of the
  • parties and of any relevant child
  • the conduct of the parties

How Occupation Order Protects You?

An occupation order regulates the family home, such as:

  • Suspending rights to occupy or visit
  • Evicting an abuser from the home
  • Preventing an abuser from returning
  • 100 metres protection around the home

For How Long An Occupation Order Is Normally Granted?

An Occupation Order can be granted for  6-12 months.

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