Occupation Orders

What is an occupation order?

An occupation order is a family court order that can regulate who lives in, enters or occupies a home. These orders are often associated with family disputes, domestic abuse concerns or situations where immediate housing protection is required.

Occupation orders can be complex because they often involve both family law and property-related issues.

When might an occupation order be considered?

• Concerns about safety within the family home.
• Domestic abuse allegations.
• Threats, intimidation or harassment.
• Disputes regarding who should remain in a property.
• Concerns affecting children living at the property.
• Urgent family breakdown situations.

Information often required

• Property ownership details.
• Mortgage or tenancy information.
• Information about who currently lives at the property.
• Details of children living in the home.
• Evidence of threats, abuse or safeguarding concerns.
• Police or incident reports where available.
• Details of previous court orders.

Relationship with other orders

Occupation orders are frequently considered alongside non-molestation orders and other family protection measures.

Each situation depends on its individual facts, housing arrangements and welfare considerations.

Frequently Asked Questions

Can an occupation order remove someone from a property?

Depending on the circumstances, occupation orders may regulate who can occupy or enter a property.

Does ownership of the property matter?

Property ownership can be relevant, but other factors may also be considered.

Can children be taken into account?

Yes. The welfare and living arrangements of children are often highly relevant.