1. What is an Occupation Order UK?
An occupation order UK is a legal injunction granted by the family court that decides who can live in, or return to, the family home after domestic abuse or relationship breakdown. It helps victims secure safe housing and prevents abusers from continuing intimidation within the shared property.
2. Who Can Apply for an Occupation Order?
You may apply if you are “associated” with the respondent, including:
- Married or civil partners (current or former).
- Cohabiting or ex-cohabiting partners.
- Parents of a child together.
- Relatives such as siblings, in-laws, or parents.
3. Grounds for Obtaining an Occupation Order
Courts may grant an occupation order if:
- You have experienced domestic abuse.
- You are at risk of harm from your partner or ex-partner.
- You or your children need protection in the family home.
- There is a dispute about who should live in the property.
4. What Can an Occupation Order Do?
An occupation order can:
- Require the abuser to leave the home immediately.
- Prevent them from entering or coming near the property.
- Allow only the victim and children to live in the property.
- Divide the home into separate living areas if both must stay.
- Give victims the right to return to the home if excluded.
5. How to Apply for an Occupation Order UK
Steps to apply:
- Fill in Form FL401 (available online or at family courts).
- Provide a witness statement explaining the abuse and risks.
- Submit the application to the family court.
- Attend a hearing unless the court grants an emergency order without notice.
6. Emergency Occupation Orders (Without Notice)
If there is immediate danger, the court can grant a without notice occupation order. This means the abuser is not told about the application until after the order is made.
7. How Long Does an Occupation Order Last?
Typically, an occupation order lasts 6 to 12 months, but it can be extended if the risk continues.
8. Cost of Applying for an Occupation Order UK
There is no court fee to apply. Victims may also be eligible for legal aid to cover solicitor costs.
9. Enforcement of an Occupation Order
If the order includes a power of arrest clause, police can arrest the abuser without a warrant if they breach it. Breaches can lead to fines, imprisonment, or both.
10. Rights of the Victim Under the Order
An occupation order helps victims by:
- Providing safe housing for them and their children.
- Restricting abusive partners from returning.
- Giving them peace of mind and stability during separation.
11. Police Role in Occupation Orders
Police enforce breaches of occupation orders with a power of arrest. Victims should call the police immediately if the abuser violates the order.
12. Impact on Children
Courts always prioritise the welfare of children. If children are at risk, the occupation order will usually ensure they remain in a safe and stable environment.
13. Occupation Order vs Non-Molestation Order
- Occupation Order: Decides who can live in or return to the home.
- Non-Molestation Order: Prevents harassment, threats, or abuse.
Victims often apply for both together for full protection.
14. Can the Respondent Challenge the Order?
Yes, the abuser has the right to attend court and argue against the order. The judge then decides whether to uphold, vary, or discharge it.
15. Renewal or Variation of the Order
Victims can apply to extend, vary, or discharge an occupation order depending on ongoing risks and circumstances.
Frequently Asked Questions
Q1. How long does an occupation order UK last?
Most orders last 6–12 months but can be extended.
Q2. Can I apply without a solicitor?
Yes, but legal advice is recommended. Legal aid may be available.
Q3. What happens if the order is breached?
If a power of arrest is attached, the police can arrest immediately.
Q4. Can children be included in the order?
Yes, the court can extend protection to children living in the home.
Q5. Do I need to own the home to apply?
No. Even non-owners may apply if they live there or have rights of occupation.
Q6. Can occupation orders be made in emergency cases?
Yes, courts can issue “without notice” orders the same day.
Conclusion
An occupation order UK is a crucial legal tool that protects victims of domestic abuse by deciding who can live in the home. It ensures safety, stability, and housing rights for victims and their children. With legal aid and strong enforcement, occupation orders provide powerful protection during difficult times.