What is an Occupation Order?
An occupation order is a type of protective order available under UK family law. Its main purpose is to decide who can live in the family home or enter the surrounding area, especially when there is domestic abuse, threats, or conflict between people who share or have shared a home. Occupation orders are designed to protect individuals and children from harm by restricting or removing the rights of an abusive partner or family member to occupy the property.
If you are experiencing domestic violence or feel unsafe in your home, an occupation order can provide immediate legal protection. For example, the court may order an abusive partner to leave the property, prevent them from returning, or limit their access to certain areas. This helps create a safer and more stable environment for victims and any children involved, reducing the risk of further harm or distress.
Occupation orders are made under the Family Law Act 1996, Section 33, which sets out who can apply and the circumstances in which an order may be granted. The court considers factors such as the housing needs and resources of each person, the financial situation, the likely effect of any order on the health, safety, and wellbeing of those involved, and the conduct of the parties.
For a more in-depth look at the legal rules and requirements, you can read the full legislative text on Occupation Order under the Family Law Act 1996.
In summary, an occupation order is a powerful legal tool to help protect people from domestic abuse or harmful conflict at home. It offers practical solutions, such as excluding an abusive person from the property, and can provide much-needed stability during difficult times. If you want to learn more about how occupation orders fit within the broader category of protective orders, further information is available to help you explore your options.
Who Can Apply for an Occupation Order?
Anyone seeking an occupation order must show a legal connection to the property in question, but you do not have to own the home to apply. The law recognises that people in a range of relationships and living situations may need protection, especially in cases involving domestic abuse.
Who is eligible to apply?
You can apply for an occupation order if you:
- Live in the family home or have lived there as your main residence.
- Have a legal interest in the property, such as being a joint or sole owner, or having your name on the tenancy agreement.
- Are at risk of harm or have experienced abuse from someone you live with or have lived with.
The law covers a wide range of relationships. You may be eligible if you are:
- A current or former spouse or civil partner.
- A cohabitant or former cohabitant (including same-sex partners).
- Someone engaged to be married or in a civil partnership, even if the relationship has ended.
- A person who shares parental responsibility for a child with the other party.
- A relative, such as a parent, child, sibling, or other family member.
- Someone who has lived in the property as part of your household.
The Family Law Act 1996 sets out these categories and provides the legal framework for occupation orders. For a detailed list of who can apply and the specific rules, see the official legislation on Occupation Order.
Do you need to own the home?
No, you do not need to own the home to apply for an occupation order. However, you must show that you have a right to occupy the property or that you have lived there as your main home. For example, you might be a tenant, a joint owner, or a person with a beneficial interest in the property. Even if your name is not on the title deeds or tenancy agreement, the court may consider your connection to the home and your relationship with the person you are seeking protection from.
What if you are at risk of harm?
If you are experiencing or are at risk of domestic abuse, the court can make an occupation order to help protect you and any children living with you. The order can set out who can live in the home, who must leave, and who is excluded from certain areas. The law is designed to prioritise the safety and welfare of those at risk.
Practical advice
If you are unsure whether you qualify, consider your relationship to the home and the person you wish to exclude or restrict. The court will look at your legal rights to occupy, your connection to the property, and the circumstances of your case. For more information on the laws that apply, refer to the Family Law Act 1996 and the official Occupation Order legislation.
Understanding your eligibility is the first step towards seeking protection and securing your right to remain in your home. If you are experiencing abuse or feel unsafe, it is important to act quickly and seek legal advice.
Types of Occupation Orders
Types of Occupation Orders
Occupation orders come in different forms, depending on your situation and the level of protection needed. These orders are designed to help individuals feel safe in their homes, especially in cases involving domestic abuse or family disputes. The court can tailor an occupation order to suit the needs of those involved, taking into account factors such as safety, housing needs, and the welfare of any children.
Exclusion and Regulation Orders
An occupation order can do several things. In some cases, it may exclude a person (often the alleged abuser) from the home entirely. This means they are not allowed to enter or live in the property for the duration of the order. In other situations, the order may regulate how the home is used. For example, it can set out who is allowed to use certain parts of the property, or specify times when someone can be in the home. This flexibility allows the court to address a wide range of family circumstances.
Temporary and Longer-Term Orders
Occupation orders can be temporary (often called “interim” orders) or longer-term. Interim orders are usually put in place quickly to provide immediate protection while the court considers the full case. These may last only a few weeks or until a final hearing. Longer-term occupation orders are made after a full hearing and can last for a specified period (such as six months) or, in rare cases, be extended further if necessary.
How the Court Decides
When deciding what type of occupation order to make, the court considers several important factors. The main focus is on the safety and well-being of those living in the home. The court will look at:
- The housing needs and resources of everyone involved
- The financial resources of both parties
- The likely effect of making (or not making) the order on the health, safety, and wellbeing of the people involved, especially any children
- The conduct of both parties
The court uses specific legal tests set out in the Occupation Orders section of the Family Law Act 1996. These tests help the judge decide whether an order is necessary and what terms it should include.
Who Can Apply for Different Types of Orders?
The type of occupation order you can apply for depends on your relationship to the property and the other party. For example, you may be eligible if you are a spouse, civil partner, cohabitee, or someone with certain rights to the home. The Family Law Act 1996 provides detailed guidance on eligibility and the types of orders available.
Practical Examples
- Exclusion order: A woman experiencing domestic abuse applies for an occupation order to exclude her partner from the family home, allowing her and the children to remain in safety.
- Regulation order: Two separated partners continue to share a home. The court sets rules about who can use which rooms and at what times, reducing conflict while longer-term arrangements are made.
- Interim order: An interim occupation order is granted quickly to protect a person at immediate risk, lasting until a full court hearing can take place.
Further Guidance
If you are considering applying for an occupation order, it’s important to understand your rights and the legal process. For more information, you can read the official legislation on Occupation Orders, or learn more about the legal framework in the Family Law Act 1996. If your case involves criminal proceedings, you may also want to understand the role of the Crown Court in family law matters.
Occupation orders are a vital tool for protecting individuals and families. If you are unsure which type of order is right for you, seeking legal advice can help ensure you get the support and protection you need.
How to Apply for an Occupation Order
How to Apply for an Occupation Order
Applying for an occupation order involves a clear process through the family court. An occupation order is a type of injunction, which means it is a court order designed to protect someone from harm or to regulate who can live in the family home. Below, we explain the steps involved, the evidence you’ll need, what to expect at court, and where to find support.
Step-by-Step Guide to Applying
- Check if You Are Eligible:
You must have a legal right to occupy the property (for example, as an owner, tenant, or spouse) or be connected to the person you wish to exclude (such as by marriage, civil partnership, or cohabitation). - Gather Evidence:
The court will expect you to provide evidence supporting your application. This can include: - Proof of your legal right to occupy the home (such as a tenancy agreement or title deeds).
- Evidence of abuse, threats, or harassment (for example, police reports, medical records, photographs of injuries, or witness statements).
- Any other documents showing why you need protection or why it is unsafe for you to remain in the home with the other person.
Complete the Application Form:
You will need to fill in the correct court form, usually Form FL401. This form asks for details about you, the respondent (the person you want to exclude or restrict), the property, and your reasons for applying.
Submit Your Application to the Family Court:
Send your completed form and supporting evidence to your local family court. If you need urgent protection, you can ask for your application to be heard without notice to the other person (known as an ‘ex parte’ or ‘without notice’ application).
Attend the Court Hearing:
The court will set a date for a hearing. At this hearing, both you and the respondent (if notified) can present your cases. If you have requested an urgent order, the court may grant a temporary order before the full hearing.
Court Decision and Possible Outcomes:
The judge will consider all evidence and decide whether to grant the occupation order and for how long. The order may:
- Require the respondent to leave the home.
- Restrict them from entering certain parts of the property.
- Set out who is responsible for rent or mortgage payments.
If the situation is urgent, the court can make an immediate, temporary order to protect you until a full hearing can be held.
What Evidence Will I Need?
The strength of your application often depends on the evidence you provide. Useful types of evidence include:
- Written statements explaining your situation.
- Reports from the police or social services.
- Medical evidence of injuries or stress.
- Photographs of damage or injuries.
- Text messages, emails, or other communications showing threats or abuse.
The court must balance the needs and safety of everyone involved, including any children. It will consider all the circumstances, including the housing needs and financial resources of both parties.
Understanding Court Hearings and Outcomes
After you submit your application, the court may schedule an initial hearing. If you are in immediate danger, the court can make an order straight away, even if the other person is not present. This is called a ‘without notice’ order, and a further hearing will be arranged where both sides can give evidence.
At the final hearing, the judge will decide whether to make the occupation order, and what its terms should be. Orders can last for a set period or until further order of the court.
Legal Help and Support
You do not have to face this process alone. Many people find it helpful to seek legal advice before applying. You may be able to get free or reduced-cost legal help, depending on your circumstances. Support services and charities can also assist you with the application process and provide emotional support.
To learn more about the application process, including step-by-step instructions and practical tips, see our guide on how to apply for an injunction.
Further Information
Occupation orders are governed by the Family Law Act 1996. You can read the full legal details and requirements in the Occupation Order section of the Family Law Act 1996.
If you need immediate protection or are unsure about your rights, consider seeking urgent legal advice or contacting support services as soon as possible. An occupation order can provide crucial safety and stability for you and your family.
Occupation Order and Related Protective Orders
When seeking protection from domestic abuse, it’s important to understand how an occupation order differs from a non-molestation order, and how these legal tools can work together to keep you and your family safe.
What is the Difference Between an Occupation Order and a Non-Molestation Order?
An Occupation Order is a type of court order under the Family Law Act 1996 that deals specifically with who can live in the family home or enter its surrounding area. It can require someone to leave the property or prevent them from returning, even if they own or rent it. This is especially useful in situations where it is not safe for everyone to continue living together.
In contrast, a non-molestation order is designed to protect you and your children from being harassed, threatened, or harmed by someone you are associated with. This order focuses on preventing intimidation, violence, or contact, rather than deciding who can occupy the home.
How Do These Orders Work Together?
Often, people experiencing domestic abuse need both types of protection. An occupation order can give you the right to stay in your home and keep the other person out, while a non-molestation order can stop them from contacting or harassing you in any way. The court can grant both orders at the same time if it believes they are necessary for your safety.
When Might You Need One or Both Orders?
You might consider an occupation order if you:
- Need immediate protection and a safe place to live.
- Want to remain in the family home with your children.
- Are at risk of further abuse if you continue to share the property.
A non-molestation order is appropriate if you:
- Are experiencing threats, harassment, or violence – even if you no longer live with the person.
- Need to prevent any form of contact or intimidation.
In many cases, applying for both orders provides the strongest protection. For example, if you want to stay in the home and also need to stop an abusive ex-partner from harassing you, the court can issue both orders together.
Legal Framework and Further Protection
Both occupation orders and non-molestation orders are part of a wider set of protective orders available under UK family law. The rules around these orders are set out in the Family Law Act 1996, with detailed legal provisions for occupation orders found in Part IV of the Act.
If you’re unsure which order is right for your situation, or whether you need both, it’s a good idea to seek legal advice. You can also learn more about related protective orders to understand all your options for staying safe.
Housing and Financial Support After Getting an Occupation Order
After an occupation order is granted, many people worry about where they will live and how they will manage financially, especially if they have been excluded from their home due to domestic abuse. Understanding your rights and the support available is essential for maintaining safety and stability during this challenging time.
Financial and Housing Support for Victims of Domestic Abuse
If you have experienced domestic abuse and need to leave your home, there are a range of financial and housing support options available. The Domestic Abuse Act 2021 strengthened protections for victims, including improving access to emergency accommodation and support services.
You may be eligible for benefits such as Universal Credit, Housing Benefit, or other financial support to help with rent and living costs. Local councils have a duty to assist those made homeless or at risk of homelessness due to domestic abuse, and they can help with temporary accommodation and longer-term housing solutions.
For a detailed overview of what financial and housing support you may be entitled to, visit our page on financial and housing assistance.
Accessing Emergency Housing
If an occupation order means you cannot stay in your home, or if it is unsafe to do so, you can seek emergency housing through your local council. Under the Housing Act 1996, councils must treat victims of domestic abuse as a priority need for housing. This means you should not be left without somewhere safe to stay.
Emergency accommodation might include hostels, refuges, or temporary housing provided by the council. You can apply for this support directly through your local authority’s housing department. For more information on your legal rights and the process for getting help, see our guide to housing assistance.
Maintaining Safety and Stability
After an occupation order, your safety and the safety of any children involved is the top priority. Support services can help you create a safety plan, access counselling, and find stable housing. Many local authorities work closely with domestic abuse charities and support groups to provide ongoing help, including advice on managing finances and accessing legal aid.
If you are worried about your financial situation, it is important to seek advice early. Support is available whether you are employed, unemployed, or receiving benefits. Assistance can also include help with deposits, rent in advance, or grants for essential items if you are moving to a new home.
Where to Find Further Help
- Local council housing departments: They can assess your needs and help with emergency accommodation.
- Specialist domestic abuse services: Many charities and organisations offer free advice, support, and advocacy.
- Legal advice: If you have questions about your rights or need help applying for benefits or housing, consider seeking legal support.
For more detailed guidance on the financial and housing options available after an occupation order, explore our resources on financial and housing assistance and housing assistance.
Understanding your rights under the Domestic Abuse Act 2021 and Housing Act 1996 can empower you to take the next steps toward safety and stability. If you are unsure where to start, reaching out to your local council or a domestic abuse support service can help you access the support you need.
Impact of Occupation Orders on Children
When an occupation order is made, its impact on children living in the family home is a central concern for the courts. The main purpose of an occupation order is to provide a safe and secure environment, especially where children may be at risk due to conflict or domestic abuse. These orders can specify who is allowed to live in the home and who must leave, helping to protect children from witnessing or experiencing harm.
Protecting Children’s Welfare
The court’s primary consideration when deciding whether to grant an occupation order is the safety and welfare of any children involved. Under the Children Act 1989, the child’s welfare is always the court’s paramount concern. Judges will look at factors such as the risk of harm to the child, the effect of any abuse or violence in the household, and the need for stability in the child’s living arrangements. If a child is at risk, the court can make an order that removes the abuser from the home or restricts their access, ensuring the child’s daily life is not disrupted by fear or instability.
The Link with Child Arrangements and Enforcement
Occupation orders often work alongside other family law orders, such as child arrangements orders, which decide where a child lives and who they spend time with. If there are concerns about a child’s safety, the court may use both types of orders to create a comprehensive plan for the child’s wellbeing. In cases where one parent does not comply with these arrangements, the court may take steps towards child order enforcement to ensure the child’s best interests are protected and the court’s decisions are respected.
Why Protecting Children is Central in Domestic Abuse Cases
Protecting children is a key part of family law, especially in cases involving domestic abuse. Exposure to domestic abuse – whether as a direct victim or as a witness – can have lasting emotional and psychological effects on children. The Domestic Abuse Act 2021 recognises the serious impact of abuse on children and strengthens the legal tools available to protect them, including occupation orders and other protective measures.
Practical Advice for Families
If you are concerned about your child’s safety at home, you can apply for an occupation order as part of a wider strategy to safeguard your family. The court will always consider the specific needs and circumstances of your children, and may also involve social services or other support agencies if necessary. It is important to gather evidence of any risks to your child, such as incidents of violence or threats, when making your application.
For more information about the legal principles guiding decisions about children’s welfare, you can read the Children Act 1989. To understand more about how the law addresses abuse within families, see the Domestic Abuse Act 2021.
By using occupation orders and related measures, the courts aim to put children’s safety and wellbeing at the heart of every decision, ensuring they are protected from harm and given the stability they need to thrive.
Changing or Ending an Occupation Order
If your circumstances change while an occupation order is in place, it may be necessary to apply to change (vary) or end (discharge) the order. This ensures that the level of protection provided remains suitable for your current situation.
Why Change or End an Occupation Order?
There are several reasons why someone might want to change or end an occupation order. For example:
- The risk of harm has reduced or increased since the order was made.
- The person who was excluded from the home has moved away or no longer poses a threat.
- The needs of children or other family members have changed.
- There has been a reconciliation or a breakdown in relations that affects living arrangements.
- Practical issues, such as changes in housing or employment, make the current terms unworkable.
It’s important to review your order if your situation evolves, to ensure you and your family continue to have the right level of legal protection.
How to Apply for a Change or End an Order
To vary or discharge an occupation order, you need to apply to the court that made the original order. Either party named in the order can make this application. The court will only agree to change or end the order if there is a good reason, such as a significant change in circumstances.
The legal process involves:
- Completing the appropriate court forms and providing evidence to support your request.
- Notifying the other party, who will have a chance to respond.
- Attending a court hearing, where a judge will consider whether the order should be changed or ended.
For step-by-step guidance on changing or ending an order, including the forms you’ll need and what to expect at court, see our detailed process guide.
Legal Framework
The rules for varying or discharging an occupation order are set out in the Occupation Order under the Family Law Act 1996. The court will consider factors such as the safety and wellbeing of everyone involved, the housing needs of both parties, and the impact on any children.
Keeping Protection Up to Date
It’s essential to keep your protection up to date as your situation changes. If you are unsure whether your occupation order is still suitable, or if you need advice about your options, it’s a good idea to seek legal advice or support from a family law professional.
Remember, occupation orders are designed to be flexible and responsive to your needs. If you think your order should be changed or ended, don’t hesitate to take action to ensure your safety and wellbeing.
