occupation ORDER (OCC)

 An Occupation Order is a court order made under the Family Law Act 1996 that regulates who can live in the family home.

It's purpose is to protect victims of domestic abuse by ensuring they have a safe and secure place to live.

An Occupation Order can:

• Allow you to stay in the family home without the abuser being present
   
• Exclude the abuser from entering or coming near the property
   
• Set rules about who can occupy specific areas of the home
   
• Ensure you can return if you were forced out or if the locks were changed
   
• Specify responsibilities for rent, mortgage, and household bills
   

Importantly, it does not affect the legal ownership of the property, it simply regulates access and occupation for safety reasons.

You can apply if you are an “associated person” to the abuser, meaning you are connected through:

• A current or former partner or spouse
   
• Civil partnership (current or former)
   
• A family relationship
   
• Shared parental responsibility
   
• Living together, or having lived together
   
• Being involved in a long-term intimate relationship
   

Applications are made through the Family Court, including urgent applications where safety is a concern.

 Breaching an Occupation Order is treated seriously by the courts.

Depending on whether a power of arrest is attached to the order:

• If a power of arrest is included:
   
  • The abuser can be arrested immediately for any breach.
     
• If no power of arrest is included:
   
  • You can return to the family court to report the breach

• The court may then enforce penalties
   

Consequences for breaching may include:

• Fines
   
• Community orders
   
• Imprisonment (especially for repeated or serious breaches)
   

The courts treat any breach as a violation of your safety and protection.

At the Centre for Domestic Abuse (CDA), we are actively supporting Victims referred to us  by professionals, or via self-referrals.

Every person’s situation is assessed individually, and all options are discussed, including the potential for applying for a Occupation Order where appropriate.

We understand that cost can be a barrier, which is why we are committed to ensuring access to justice:

• Legal Aid is available for Occupation Order applications, subject to financial eligibility and merits testing.
   
• Where Legal Aid is not available, CDA provides assistance on a pro bono basis, ensuring no one is left without the protection they need because of their financial situation.
   

Our team can help assist Victims with their options.