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Occupation orders

Regain peace in your family home

Living with someone who has been abusive towards you can make you feel unsafe in your own home. The law can help to protect you and your children, and it may be possible to get the abuser to leave the family home with an occupation order.  

What is an occupation order?

An occupation order gives you the right to occupy your home and forces the abusive person to live elsewhere.  

It can be a fairly short-term thing, and the maximum amount of time that the order can be in place is six months at a time. However, if you still feel unsafe after six months, we can ask the court to extend it.  

Occupation Orders

Frequently asked questions

  • What happens if the abuser breaches the order?

    They could face a fine or imprisonment. When they make the order, the judge might say that a ‘power of arrest’ is attached. That means that if the other person breaches the order, they can be arrested without a warrant.

  • The home we live in is owned by the person who is carrying out the abuse. Can I get an occupation order against them?

    Yes, in some circumstances. The court will take the ownership of the property into consideration, but may nonetheless still order the other person to leave the property.

  • How long does the occupation order last?

    Occupation orders are put in place for a maximum of 6 months. Some may be in place for just a few weeks. If you think you need the order in place for longer than 6 months, we can apply for an extension when it’s about to expire.

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