Home & Safety Injunctions
Occupation Order Solicitors
An Occupation Order regulates who may live in or enter a family home. Depending on the legal relationship to the property and the risk involved, it may require someone to leave, permit an applicant to return or define separate areas of occupation.
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What the court considers
The legal test depends on the applicant's entitlement and relationship to the respondent. The court can consider housing needs and resources, finances, conduct, health, safety and wellbeing, as well as the likely harm to each party and any child.
- Rights to occupy the family home
- Exclusion zones and entry restrictions
- Urgent without-notice protection
- Linked Non-Molestation Orders
Practical planning
An application should address immediate safety as well as practical matters such as children, belongings, mortgage or rent, alternative accommodation and service of the order.
Common questions
Does an Occupation Order decide who owns the home?
No. It regulates occupation and access; it does not finally determine property ownership or the financial settlement.
Can an Occupation Order be made urgently?
Potentially, where the evidence and risk justify urgent action. The court will decide whether notice should be given and what interim protection is necessary.
Book a paid private consultation
Legal Aid family matter? Email our Legal Aid team. Do not use the paid booking form.