southgate solicitors

Occupation Orders

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Occupation Orders

We're here to help you

Send your details to us and we will call you back to take further information about your matter.

If you are looking for help with occupation orders our specialist solicitors can help you. In addition to office meetings, we offer remote meetings by telephone or video if preferred. To discuss your options call us 24/7 on 0208 004 0065 or email us at hello@southgate.co.uk 

Occupation Orders

Occupation Orders are legal injunctions issued by courts under the Family Law Act 1996. They regulate who can live in the family home or certain areas of the home and can also determine who should pay the mortgage or rent and who is responsible for utility bills. Occupation Orders are typically sought in cases involving domestic abuse, harassment, or disputes over occupancy rights within familial or intimate relationships. 

Occupation Orders play a crucial role in providing immediate relief and protection to individuals and families experiencing domestic abuse or harassment by regulating occupancy rights and access to the family home. By obtaining these orders, individuals can assert their rights, ensure their safety, and seek recourse against harmful behavior within familial or intimate relationships. 

What can we do

At southgate solicitors, we offer comprehensive assistance tailored to your needs throughout your occupation order journey. Our team of experienced professionals understand the intricacies of family law and are dedicated to providing you with the expertise and support you need during what can be a daunting and highly emotional time.  We have Resolution members and also hold Law Society Family Law Advanced Panel Accreditation which demonstrates our knowledge, skill and expertise in this area of law. 

If you wish to read more about this area of law we have some frequently asked questions at the end of this page – feel free to scroll down to read more.

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FAQs

Any individual who is experiencing domestic abuse, harassment, or disputes over occupancy rights within familial or intimate relationships can apply for an Occupation Order at the family court. 

An Occupation Order is a legal injunction issued by courts to regulate who can live in the family home or certain areas of the home. It can also determine financial responsibilities related to the property, such as mortgage or rent payments. 

To apply for an Occupation Order, the individual must submit the necessary forms and evidence supporting their case to the family court. Emergency orders can be sought without the other party’s knowledge in urgent situations. 

The court considers various factors, including the housing needs and financial resources of both parties, any harm suffered or likely to be suffered by the applicant or relevant children, and the balance of harm test. 

Occupation Orders are typically granted for a specified period, often up to one year. However, they can be extended if necessary to ensure ongoing protection for the applicant and any relevant children. 

Breaching an Occupation Order is a serious offense and can result in criminal penalties, including imprisonment, fines, or both. Victims can report breaches to the authorities for enforcement. 

Yes, Occupation Orders can be obtained in cases where there are disputes over occupancy rights, regardless of whether there is physical violence involved. The court considers all relevant circumstances when making a decision. 

Individuals affected by domestic abuse or harassment can access support services, including counseling, shelters, and legal advice, to help them navigate the legal process and access necessary resources while under the protection of an Occupation Order. 

We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.

We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.