Occupation Orders

 

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We are experts in advising on the issues flowing from abuse in relationships and will guide and protect you through the difficulties you may face.

Overview →

If you are in an abusive relationship and protection from the Court is required, it may be necessary to secure an order excluding your partner or spouse from the family home. At FLiP we have the experience and skill to guide you through this process and provide you with the support you need.

An occupation order can be obtained where significant harm to you or your children is likely. The order may include:

  • A requirement that your partner leave the home
  • Suspension of your partner’s right to occupy the home
  • Exclusion of your partner from a defined area around the home

In considering whether or not to grant an order, the Court applies different tests depending on the relationship status of the people involved and whether the applicant has any legal right to occupy the home.

The order itself will say who can live in the home and who is excluded from it. It can also impose obligations relating to the repair and maintenance of the home and it can deal with payment of the rent or mortgage. The length of time for which the order will last depends on your particular circumstances.

In addition to a non-molestation order, securing an occupation order can be the first step in making you feel safe at home and giving you and your children the requisite protection. Our experienced team of lawyers will listen to you and advise you on whether or not you are likely to secure an order from the Court, taking into account all the circumstances of your situation.

Frequently Asked Questions →

Questions that we are commonly asked about occupation orders include:

I do not own the property in which I am living. Can I apply for an occupation order?

Yes you can. Those entitled to apply for an order include former or current spouses, civil partners or cohabitants, or people with a legal entitlement to occupy the property, such as an owner or tenant. Ownership of the property is not a pre-requisite.

I have an immediate concern for my safety. Can I obtain an occupation order stating that my partner must vacate our home immediately?

A Court will only grant such an order in exceptional circumstances. You should of course telephone the police if you are concerned you are in immediate danger.

Does my partner have to have been physically violent in order to secure an occupation order?

No, physical violence is not necessary.

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