When a relationship becomes unsafe, the home – which should be the place of greatest security – can feel like the most dangerous place of all. In cases of domestic abuse, harassment, or controlling behaviour, the court has the power to step in and decide who can live in or return to the family home. This legal step is called an Occupation Order, and for many people it provides urgent protection and breathing space to rebuild their lives.
At Waely Law, we understand that asking for this kind of protection is never easy. Clients often come to us at their lowest point, anxious about their safety, their children’s wellbeing, and their future housing situation. This guide explains how Occupation Orders work, when they may be appropriate, and what to expect if you apply.
Estimated reading time: 5 minutes
What is an Occupation Order?
An Occupation Order is a type of injunction under the Family Law Act 1996. It regulates who can live in the family home or enter the surrounding area. The order does not change ownership of the property — it simply sets rules about occupation for safety and protection.
Occupation Orders are often used alongside a Non-Molestation Order, which prevents harassment, intimidation, or contact. Together, these orders provide powerful safeguards for victims of domestic abuse.
Who Can Apply for an Occupation Order?
You may be eligible if you are “associated” with the respondent (the person you are seeking protection from). This includes:
- Spouses, civil partners, or ex-partners
- Cohabiting or former cohabiting partners
- People engaged or formerly engaged
- Parents of the same child
Applications are usually made on Form FL401 — the same form used for Non-Molestation Orders.
Grounds for an Occupation Order
Courts consider two key tests when deciding whether to grant an Occupation Order:
- Balance of Harm Test – The court looks at whether you or your child is likely to suffer significant harm if the order is not made, compared with the harm the other party would suffer if the order is made. If you or your child are at risk of significant harm, the court must make the order.
- Discretionary Test – If the Balance of Harm Test is not met, the court may still grant an order after weighing up factors such as housing needs, financial resources, and the conduct of both parties.
Occupation Orders can be granted even where there is emotional abuse, coercive control, or harassment, not just physical violence.
What Evidence Do I Need for an Occupation Order?
The stronger your evidence, the more likely the court will act quickly. Useful evidence includes:
- Police reports, medical records, or photographs of injuries
- Witness statements from neighbours, friends, or family
- Text messages, emails, or social media messages showing threats or harassment
- Financial or property records if you are proving beneficial interest in the home
Legal representation ensures your evidence is presented clearly and persuasively. At Waely Law, we also help clients prepare urgent without-notice applications, where the respondent is not informed before the hearing if there is a risk of immediate harm.
How to Apply for an Occupation Order
- Complete Form FL401 (application for Non-Molestation or Occupation Orders).
- File with the Family Court – fees may apply (the standard civil application fee, N208, is £332, though fee exemptions are sometimes available).
- Prepare a witness statement explaining the background, risks, and why the order is necessary.
- Attend the hearing – the judge may grant an order the same day, especially in urgent cases.
Where possible, Occupation Orders are considered alongside other protective measures such as Child Arrangements Orders to ensure children are safeguarded.
How Long Does an Occupation Order Last?
Occupation Orders are usually temporary, lasting between 6 and 12 months. They can be extended if risks continue. Breaching an Occupation Order can result in arrest and, in serious cases, imprisonment.
Costs of an Occupation Order
There may be a court fee and legal costs associated with applying. However, legal aid may be available in cases involving domestic abuse. At Waely Law, we provide clear advice on likely costs and whether you may qualify for funding support.
Occupation Orders Where There Is No Physical Violence
It is a common misconception that you must have been physically assaulted to apply. Occupation Orders are also available where there is:
- Emotional or psychological abuse
- Financial control or economic abuse
- Harassment, intimidation, or stalking
- Risk to children’s wellbeing
Problems with Occupation Orders
While powerful, Occupation Orders are not always a permanent solution. Some challenges include:
- Short duration – they usually need to be renewed or followed by longer-term arrangements.
- Housing impact – in some cases, the respondent may still hold legal ownership or tenancy rights.
- Enforcement – although breach is enforceable, victims sometimes feel anxious about whether police will respond quickly.
These issues underline the importance of having a solicitor who can guide you through both the application and the long-term planning.
Frequently Aasked Questions
How much does an Occupation Order cost in the UK?
The standard civil court application fee is £332 (N208), although this may vary if combined with other applications. Legal aid may be available if domestic abuse can be evidenced.
Can I get an Occupation Order during a civil partnership?
Yes. The Civil Partnership Act 2005 ensures civil partners have the same protections as married couples under the Family Law Act 1996.
Do Occupation Orders affect property ownership?
No. They regulate occupation only. Property rights and ownership are addressed separately, often through Property Dispute Orders or during financial proceedings.
What happens if someone breaches an Occupation Order?
Breach of an Occupation Order can result in arrest, fines, or imprisonment. The police can act quickly, but enforcement depends on prompt reporting and clear evidence.
Can I apply for an Occupation Order without notice to the other person?
Yes. In urgent situations where giving notice would put you at further risk, the court can hear your application without informing the respondent. Get in touch soon to find out your options.
Conclusion: Taking the First Step
Applying for an Occupation Order can feel daunting, but it may be the most important step you take to protect yourself and your family. You do not have to face the process alone. At Waely Law, we provide confidential, compassionate guidance to help you understand your rights and secure the protection you need.
If you are considering applying for an Occupation Order, or if you want to discuss whether it is the right step for you, contact Waely Law today.
