1. What is an Occupation Order UK?
An occupation order UK is a family court injunction that regulates who can live in or return to the family home. It is often used where there are disputes between partners, ex-partners, or family members, particularly in situations involving domestic abuse.
2. When to Seek Occupation Order Legal Advice UK
You may need legal advice if:
- You are experiencing domestic abuse and need your partner removed from the home.
- You want to secure your right to stay in the family home.
- You have been served with occupation order paperwork and need to defend yourself.
- There are children involved, and their housing or safety is at risk.
3. Who Can Apply for an Occupation Order?
You may apply if you are “associated” with the respondent, such as:
- Married or civil partners.
- Cohabiting partners or former partners.
- Parents of a child.
- Relatives, including siblings and in-laws.
4. What Can an Occupation Order Do?
An occupation order can:
- Require the abuser to leave the home.
- Prevent them from returning or entering the property.
- Divide the home into separate living areas if both must remain.
- Allow the applicant to return to the home if excluded.
5. How to Apply for an Occupation Order
Steps include:
- Completing Form FL401 (available on GOV.UK or at family courts).
- Preparing a witness statement explaining abuse or disputes.
- Submitting your application to the family court.
- Attending a hearing unless an emergency “without notice” order is granted.
6. Emergency Occupation Orders
If you are in immediate danger, you can apply for a without notice order. This means the court can grant the order before the other person is even aware of the application.
7. How Long Does an Occupation Order Last?
Typically 6–12 months, but it may be extended if risks continue.
8. Cost of Applying for an Occupation Order
- There is no court fee for applying.
- Victims of domestic abuse are often entitled to legal aid.
- Solicitors may also offer fixed-fee advice for respondents or applicants.
9. Enforcement of an Occupation Order
- If the order includes a power of arrest, police can arrest the respondent immediately if it is breached.
- Breaches may lead to fines, imprisonment, or both.
10. Legal Advice for Respondents (If Served with an Order)
If you have been served with an occupation order:
- Read the paperwork carefully and comply with any temporary conditions.
- You can accept, contest, or offer undertakings.
- A solicitor can help you challenge false allegations and protect your housing rights.
11. Legal Advice for Applicants (If Seeking an Order)
If you want to apply for an order:
- A solicitor can help prepare your application and supporting evidence.
- They can advise on whether to apply for a non-molestation order alongside it.
- They can represent you at the court hearing for stronger protection.
12. Impact on Children and Family Law
The court always considers the welfare of children first. Occupation orders often include provisions to ensure children can remain safely in the family home.
13. Variation or Discharge of Orders
- Victims can apply to extend or vary an order if threats continue.
- Respondents can apply to discharge an order if circumstances change.
14. Why Professional Legal Advice Matters
Solicitors specialising in family law can:
- Advise on your best course of action.
- Help prepare and present evidence in court.
- Protect your rights and housing security.
- Ensure child welfare is prioritised in decisions.
Frequently Asked Questions
Q1. Do I need a solicitor to apply for an occupation order?
No, but legal advice is strongly recommended, especially if the case is contested.
Q2. Can I get legal aid?
Yes, if you are a victim of domestic abuse or cannot afford representation.
Q3. Can an occupation order be granted the same day?
Yes, in emergency “without notice” applications.
Q4. How long does an order last?
Usually 6–12 months but can be extended.
Q5. What happens if the order is breached?
Police can arrest the respondent if a power of arrest is attached.
Q6. Can occupation orders affect child custody?
Yes, courts may restrict or supervise contact if children are at risk.
Conclusion
Getting the right occupation order legal advice UK is essential whether you are applying for protection or defending against allegations. An occupation order can safeguard housing rights, protect victims of abuse, and prioritise children’s safety. With the help of a family law solicitor, you can navigate the process effectively and secure the best possible outcome.