What is an Occupation Order? In situations involving domestic abuse or family conflict, the home, which should be a place of safety, can sometimes become a place of fear. For those who are no longer able to live peacefully with someone due to abuse, threats, or harassment, the law provides a legal remedy known as an occupation order.

If you’re wondering what is an occupation order, this article will guide you through everything you need to know, including how it works, when it applies, and how to begin the occupation order application process. Our goal at Berkson Family Law Solicitors is to help you understand your rights and provide a clear route to safety and legal protection.

What Is an Occupation Order?

An occupation order is a type of injunction issued by the family court that determines who can live in the family home, and who must leave, even if the property is jointly owned or rented. It is a powerful legal tool that can help someone experiencing domestic abuse to remain in their home while excluding the abusive person.

Unlike a non-molestation order, which prevents contact or harassment, an occupation order deals specifically with occupation of the home. It can:

• Give you the right to remain in the property (even if you don’t own it) 
• Exclude the other party from entering or approaching the home 
• Restrict the areas of the home the other person can use (in shared living arrangements) 
• Grant temporary possession until more permanent arrangements can be made 

An occupation order offers security and time, a way to remain in the home while pursuing longer-term legal solutions like separation, divorce, or tenancy transfer.

Who Can Apply for an Occupation Order?

You can apply for an occupation order if you are associated with the person you wish to exclude. This includes if you:

• Are or were married or in a civil partnership 
• Live together or used to live together 
• Share parental responsibility for a child 
• Are related (for example, siblings or parent/child) 
• Have been in an intimate relationship of significant duration 

If you’re unsure whether you qualify, a domestic violence lawyer can assess your situation quickly and explain whether the law applies to you.

When Is an Occupation Order Used?

Occupation orders are often used in cases involving domestic abuse, whether that abuse is physical, emotional, psychological, or financial. If you’re experiencing threats, intimidation, violence, or ongoing harassment at home, and you no longer feel safe sharing a living space with the other person, an occupation order may be appropriate.

It’s important to understand that even if the property is in the other person’s name, the court can still allow you to remain and remove them if there is risk of harm. The court’s main consideration is always the balance of harm, in other words, whether you (or your children) would be at greater risk if the order were not granted.

How to Apply for an Occupation Order

The occupation order application process begins with a conversation with a solicitor. At Berkson Family Law Solicitors, we begin by listening to your story and gathering information about your living situation, your relationship with the other party, and any recent incidents or threats.

We will help you prepare a formal application to the family court, supported by a detailed written statement. This document explains your current circumstances and why you believe the occupation order is necessary. If your case is urgent, for example, if there has been recent violence or serious threats, we may apply for a without notice order, which means the other person is not informed before the order is made.

Once the court receives your application, they will assess the urgency of the situation. In some cases, you may be granted an interim occupation order immediately, with a hearing scheduled shortly afterwards to determine whether the order should be extended.

What Happens After an Occupation Order Is Granted?

If the court grants the order, the person named in it will be legally required to leave the home (or avoid certain areas of the property) as specified. A process server will deliver the order to them in person so they are fully aware of its terms. The police will also be notified.

Breaching an occupation order is a serious matter and can result in the person being arrested or brought before the court. The law takes these orders seriously, particularly when they are made to protect victims of abuse and safeguard children.

How Long Does an Occupation Order Last?

The length of an occupation order depends on the circumstances. In some cases, it might be in place for a few weeks to allow time for longer-term housing or court proceedings. In other cases, the order can last for six months or longer, with the possibility of renewal.

During this time, you may also wish to pursue additional legal support, such as a non-molestation order, a divorce, or arrangements around children and property. Our experienced team of family law consultants can support you with each step.

Get Expert Help from Domestic Violence Lawyers

The process of applying for an occupation order can feel intimidating, particularly when emotions are high and your home life feels uncertain. That’s why it’s so important to speak with domestic violence lawyers who understand your situation and can guide you calmly and compassionately through each stage.

At Berkson Family Law, we specialise in helping clients in crisis, and we’re highly experienced in securing both occupation and non-molestation orders. We’ll help you gather evidence, prepare your statement, assess eligibility for legal aid, and represent you in court if needed, always with your safety and dignity as our top priority.

Reach Out Today If You Need Support

If you’re reading this and think that you may need legal protection at home, or if you’re unsure and just want someone to talk to, please get in touch. At Berkson Family Law Solicitors, we offer free initial consultations and are here to provide clear, confidential guidance about your options, including how to apply for an occupation order and what steps to take next.

Your home should be a place of safety, not fear. Let us help you take back control. Contact us today to speak with one of our experienced domestic violence solicitors and start your journey towards security and peace of mind.