What is an Occupation Order?
An Occupation Order determines who can and cannot live in the family home. The Order can also exclude a person from the immediate area surrounding the home.
Who can apply for an Occupation Order?
You have to be ‘associated’ with the other person to be able to apply for an Order against them.
If you are married to someone in a civil partnership or cohabiting with someone you have the right to apply for an Order against them.
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Who will pay the bills for the home if I get an Occupation Order against my partner?
The Occupation Order deals with who pays the rent or mortgage on the property, who maintains the property and any outgoings. The Order may also cover any other assets or debts.
What about my children?
If you apply for an Order against someone you live with, the Courts will take into account whether you have a child or not. In cases where there are children involved, the Court will make sure the well-being of the child is protected. The Court will also understand the type of relationship the child has with the person. Depending on the circumstances and who has parental responsibility can influence decisions made about a child and whether a Contact Order is required.
How long does an Occupation Order last for?
An Order can be limited up to six months, or an indefinite amount of time depending on the case. Extensions to an Occupation Order can be made in certain circumstances, but this is not always guaranteed.
What do I need to do next?
Contact us immediately and we can talk you through your case and provide you with the best advice. As well as providing advice during office hours we offer a 24 hour advice line for anyone who needs support from Domestic Abuse.
The 24hr Domestic Abuse helpline number is 07739 748675.24hr Helpline