Protecting Your Right to a Safe Home #
Occupation orders are legal tools that help protect people from domestic violence by controlling who can live in or enter the family home. If you’re a victim of domestic violence, you might be able to get an occupation order to keep yourself safe.
What is an Occupation Order? #
An occupation order is a court order that decides who can live in the family home and who can come near it. This is especially helpful if there’s a risk of domestic violence, as it legally stops someone from entering the home.
Who Can Apply for an Occupation Order? #
You can apply for an occupation order if you meet certain conditions, such as:
- You Own or Rent the Home: You own or rent the home, and it is, was, or was meant to be shared with a spouse, civil partner, cohabitant, family member, fiancé, or the parent of your child.
- Matrimonial Home Rights: You don’t own or rent the home, but you’re married to or in a civil partnership with the owner and living in the home.
- Former Spouse or Civil Partner: Your former spouse or civil partner owns or rents the home, and it is, was, or was meant to be your shared matrimonial home.
- Cohabitation: The person you live or lived with owns or rents the home, and it is, was, or was meant to be your shared home.
When is an Occupation Order Not an Option? #
Occupation orders aren’t always available because of the level of risk and other factors. It’s important to look at your situation carefully and get legal advice to see if an occupation order is right for you.
How to Apply for an Occupation Order #
To apply for an occupation order, you’ll need to show evidence of domestic violence and meet the eligibility criteria. The process involves filling out forms and providing supporting documents to the court. You can find more detailed information on the Government website.
