Occupation Orders
When it is no longer safe to live under one roof
Article contributed by Naomi Wiseman
An Occupation Order regulates (so, governs) who occupies your home. This type of court order is made to protect you if you have suffered or you’re at risk of suffering domestic abuse.
If you apply for an occupation order, you can ask the court to stop your partner/ex-partner from entering the home that you share. This is a very serious order that the court describes as ‘draconian’ which means it is a very harsh order (because it is depriving someone of their legal right to occupy a home) and is often seen as a last resort. However the court also takes very seriously the risks to victims of domestic abuse and their children.
If you need protection from abuse, as well as to regulate whether or when your ex enters your home, you can apply for a non-molestation order at the same time.
It can be distressing and worrying to attend court in these circumstances. It may be difficult to put down in writing what has happened and to get evidence for the court. If you’re not able to use a solicitor then there are charities and free law clinics that may be able to help you. Search for free advice in your local area. Seek legal advice if you possibly can.
If you receive an application that is asking the court to make an occupation order against you then you may also be distressed and you can also find support. Seek legal advice if you possibly can.
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If you cannot afford legal advice but you need to apply for an occupation order, you may be entitled to legal aid. It is always best to check your eligibility for legal aid in case you can access funding for a solicitor to help you with your application.