People who find themselves in situations where they need legal protection or clarification around living arrangements may not know where to turn to. In cases like these, individuals may find themselves asking ‘what is an occupation order in family law?’
Why would someone get an occupation order?
Individuals may get an occupation order if their safety is compromised in cases such as domestic abuse or violence. A family law occupation order can safeguard the victim by getting the abuser away from the home.
An occupation order can also be used in circumstances where people living in a home can’t agree on who should live in the property, as it offers clarity and legal support. For example, it can contain details on who exactly is allowed to live in specific areas of the property and detail the conditions of this arrangement.
When the welfare of children is brought into the equation, an occupation order can help them have secure and safe living conditions.
An occupation order is only permitted when the court comes to an agreement by weighing up relevant factors such as the housing needs and behaviour of each person, including if these individuals pose a danger to the applicant or any children if the order isn’t allowed.
What is an occupation order?
An occupation order is defined as a legal measure that’s used to clarify who can live in a property, usually in cases of domestic abuse or disputes over who should live in the property.
According to the Family Law Act 1996, an occupation order has the potential to enforce the right to remain in the property, exclude someone from the property, regulate the use of the property, and require someone to leave the property.
How long does an occupation order last?
There is no set period for a family law occupation order to last as an occupation order is granted for a certain timeframe. These orders don’t normally last more than 6 months. However, the court has the power to extend the order in special cases.
What evidence do I need for an occupation order?
Evidence is required to obtain an occupation order, which will be presented to the court. In cases of domestic abuse, you’ll need to provide a statement with details about when the abuse occurs, including the first, worst, and most recent occurrences. This also extends to if there is a pattern of controlling behaviour.
Other evidence that is required includes statements from friends or family members who witnessed the abuse, if relevant. Information about the property also needs to be handed over, such as whether it is owned or rented, who is in charge of paying the mortgage or rent as well as the housing requirements of those involved, especially where children are present.
Contact Mark Reynolds Solicitors today
At Mark Reynolds Solicitors, we can assist in sorting issues around family law by offering expert legal advice and representation. We help you navigate the process from gathering evidence to presenting a strong case in court.
If you are seeking legal advice, application assistance, help with evidence gathering or court representation, contact us today. For more information or to discuss your case, phone us on 0800 002 9577 or visit our website.