Occupation Orders and What They Mean

An ‘Occupation Order’ is a court order that protects someone who is being abused by their partner or another close relative. It is in effect an injunction, which orders someone to do, or not to do, something. Occupation orders were created by the Family Law Act 1996, Part IV. If you and someone you live with have fallen out, you can apply to the court to get an occupation order against them. This order decides who should stay and who should go, and can prevent your partner from entering both your home and the surrounding area. This is an ideal remedy for those who do not feel safe continuing to live with your partner. It is also a remedy for those who have left your home because of domestic violence or abuse, but want to return to live at your home without the person abusing you.

If the person against whom the order is made subsequently breaches it, it may be possible to have them arrested. That said, an occupation order is not necessarily the right thing in all cases. In some situations, it can make things worse rather than better. In others, the order may make very little difference.

Who Can Apply?

In order to be able to obtain an occupation order against someone you have to be ‘associated’ with them. This means that you need to be related in some way. These are:

  • married people
  • civil partners
  • people who live together, or used to
  • people who live in the same household
  • people who are related to you
  • your fiancé, fiancée or someone you used to be engaged to
  • the parent of your child, or a person who has parental responsibility of your child
  • someone with whom you are in an intimate relationship, which has been going on for some time
  • someone against whom you have already started family court proceedings
If none of these apply to you, and you are being threatened, stalked, harassed, or abused after a relationship has ended you can still apply for a civil injunction under the Protection from Harassment Act 1997. It is also possible, where criminal proceedings have already commenced, to apply for a restraining order at the same time. This is the case even if the criminal proceedings do not result in a conviction.

Costs

Unless you are on certain benefits you may have to pay to take out a civil injunction. Beware of ‘do it yourself’ websites that offer you an injunction for less than £100. Whilst this may seem like a cheap and easy option, it can be easy to make mistakes and you might not end up with a valid order. If you think that you may benefit from legal advice, make sure you go to an experienced family law solicitor.

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Property and Occupation Orders

In order to be able to apply for an occupation order you must be able to show that you are legally entitled to stay in the property, either as a tenant or owner of the property. In the alternative, you need to be able to show that you are married to or living with, the person who owns or rents the property, and that person must be of the opposite sex.

When you get an injunction, it is normally for a specified period of time such as one year or six months. It is possible to renew the order. It is also possible to get an indefinite order which remains in place until it is taken away. An occupation order can only be extended beyond a one year period if you are legally entitled to live in the property (owner, co-owner, tenant or because you were married to the owner or tenant.)