Occupation Order

an occupation order is a court order that determines who can live in or enter a property, particularly in situations where a relationship has broken down or domestic abuse is involved. It's a type of injunction that regulates who has the right to occupy the family home or certain parts of it. These orders are usually short-term solutions, designed to address immediate needs until a final settlement can be reached. 

Here's a more detailed explanation:

Purpose of an Occupation Order:

• Determining who can live in the property:
  The primary purpose is to decide who should or should not be residing in the home, which can be the entire property or specific areas. 
• Enforcing rights to occupation:
  It can enforce one party's right to remain in the property, or give or end rights to occupy.
• Regulating access and use:
  It can also regulate who can enter the property or specific areas, and can even dictate how the property is used. 
• Providing a safe environment:
  In cases of domestic abuse, occupation orders are often sought to ensure the victim has a safe place to stay and to exclude the abuser.
• Short-term solution:
  Occupation orders are typically meant to be a temporary measure until a more permanent resolution to the property dispute is reached. 

When an Occupation Order Might Be Applied For: 

• Domestic abuse situations:
  When a person is experiencing abuse and needs to exclude the abuser from the home or certain areas.
• Relationship breakdowns:
  When a couple separates or divorces, and there is a dispute over who should live in the shared home.
• Cohabitation disputes:
  When cohabiting partners disagree over who should occupy the property.
• Protection from harm:
  To ensure the safety and well-being of a person or child who is at risk of harm.

Key Considerations for the Court:

• Balancing harm:
  The court will consider the potential harm to all parties if the order is not granted, including the safety and well-being of any children.
• Housing needs and resources:
  The court will also take into account the housing needs and resources of each party.
• Financial resources:
  The court will consider the financial resources of each party.
• Conduct of the parties:
  The court will evaluate the conduct of the parties in relation to each other.

How to Apply:

• Form FL401: Applications are made using form FL401.
• Supporting evidence: Applicants need to provide supporting evidence, such as witness statements, police reports, and medical reports.
• No fee: There is currently no court fee for making an application for an occupation order. 

Enforcement:

• Power of arrest:
  In cases where there is a risk of violence, the court may attach a power of arrest to the order, meaning the police can arrest someone if they breach the order.
• Contempt of court:
  If an order is breached and there is no power of arrest, the applicant can apply for the person to be committed to prison for contempt of court.

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