Occupational Order

What is an Occupation Order?

An occupation order regulates the living arrangements within a property, determining who has the right to live in the home, who is excluded from it, and who can enter the property and its surrounding areas. It can also be used to gain the right to a return to a property, for example, when the locks are changed, and access is denied to the family home. When making an occupation order, the Court may make other related orders imposing obligations on the victim and their abuser for example, relating to repair and maintenance of the home, or to payment of rent or mortgage.

On what grounds can you obtain an Occupation Order?

The Court will grant an order of occupation if it believes the victim will suffer significant harm if the order is not made. An occupation order will only be granted in serious circumstances because it effectively prevents a person who is legally entitled to live in their own home from doing so. To find out if you are eligible to apply for an occupation order, please call us on 01494 776 696 or Make An Online Enquiry and one of our experienced solicitor will get back to you for an initial free consultation.

How much does an Occupation Order cost?

There is no court fee for this application, so it is free to apply. However, if you wish to have the assistance of a solicitor there will be legal fees you need to consider.

What is the difference between a Restraining Order, a Non-Molestation Order and an Occupation Order?

Occupation orders are a type of an injunction used to provide victims of domestic abuse with protection from their abuser and a safe place for them and their children to live in the absence of their abuser. Non-Molestation orders are a type of an injunction which prevents abuse, control, harassment and/or intimidation from an abuser. Restraining orders can be obtained for an abuser who is convicted of a criminal offence.

How to apply for an Occupation Order?

To apply an occupation order, form FL401 needs to be completed and submitted to the Court. Our experienced solicitors can help you apply for a occupation order.

How long does an Occupation Order last?

An occupation order may be made for a specific period or until further order. It is usually granted for an initial period of 6 months, which can then be subsequently extended. Breakthrough Family Law have many years of experience in successfully applying for injunctions (in particular, occupation and non-molestation orders) and defending individuals subject to injunction proceedings. To enquire further about how to apply for injunctions or just need some initial advice, make a free enquiry today.

Our specialist family law solicitors serve our clients across London, Bucks, Berks, Herts and Middlesex

Some clients work with us remotely, others we can visit at home or they can visit our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrard’s Cross, High Wycombe, Rickmansworth or The Chalfonts. Wherever you are, let Breakthrough Family Law provide you with the specialist advice that you need.

Make An Enquiry Today

To ensure you receive the best family law advice available, please call us now on 01494 776 696 or Make An Online Enquiry and we will get back to you straight away.

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