How an Occupation Order Can Protect Your Family

When your home doesn’t feel safe, the law provides powerful tools to help restore security for you and your children. An occupation order is a form of family protection designed to address situations where domestic abuse makes it unsafe for families to stay together.

If you're experiencing domestic abuse or supporting someone who is, understanding how this measure works can provide immediate relief and the breathing space needed to plan for a safer future.

I’m in Immediate Danger. What should I do?

If you, or someone you know, is in immediate danger, seek safety and contact the police before considering an occupation order.

Call: 999

Text: 999

Textphone: 0800 112 999

You should call the police even if you are unable to talk.If you’re able to get to safety, you can also contact the National Domestic Abuse Helpline on 0808 2000 247 for urgent support. 

What Is an Occupation Order?

An occupation order is a type of injunction, or court order, that specifies who can live in the family home during times of crisis. Unlike other protection orders that focus on preventing contact, an occupation order directly addresses where people can and cannot live, making it valuable for families trapped in dangerous domestic situations.

The order can require an abusive partner to leave the family home, even if they own or have rights to the property. It can also prevent them from returning or entering within a specified distance. This means victims of domestic abuse can stay in familiar surroundings with their children, avoiding the additional trauma of emergency relocation.

Occupation orders work by suspending property rights when safety becomes the overriding concern. The court recognises that protecting vulnerable family members takes precedence over standard ownership arrangements, particularly when children are involved.

When Do You Need Family Protection Orders?

Domestic abuse takes many forms, and an occupation order can provide protection. Physical violence is the most obvious trigger, but courts recognise emotional abuse, financial control, and threatening behaviour as valid grounds for seeking family protection.

You should consider applying for an occupation order if your partner has become violent or threatening towards you or your children. The order can be particularly valuable when arguments escalate to physical confrontations or when someone's behaviour becomes increasingly unpredictable and frightening.

Financial abuse often accompanies other forms of domestic violence. If your partner controls all finances and threatens to leave you homeless, an occupation order can give you the option to remain in the family home while you establish independence and safety.

Threats don't need to result in actual violence to justify legal action. If someone's behaviour makes you fear for your safety or that of your children, it’s important to act fast. Apply for an occupation order or contact a family law specialist for support in doing so.

How Occupation Orders Protect Families

The primary strength of an occupation order lies in its ability to create immediate physical separation between an abuser and their victims. This separation offers multiple layers of family protection that extend beyond standard safety measures.

Children benefit from staying in a familiar environment during family upheaval, so an occupation order helps them keep a sense of normality by allowing them to stay at the same school, maintain friendships, and stick to routines that offer stability and reduce psychological stress.

For the parent impacted by domestic abuse, staying in the family home means that they retain access to vital support networks, familiar services and connections with healthcare providers. Leaving due to the threat of abuse often means starting over in unfamiliar surroundings without the crucial support systems needed to heal.

Financial protection is another significant advantage. Staying in the family home helps victims avoid the immediate costs of emergency accommodation and the disruption to employment that often accompanies sudden relocation.

This stability can be crucial for parents trying to rebuild their lives and prepare for the future while caring for children.

Understanding Limitations

While occupation orders can be a great form of protection, they do have notable limitations that applicants should be aware of. Typically lasting six months, these court orders are often only a temporary solution unless they get extended. The time limit calls for careful planning to ensure long-term arrangements are in place before the order expires.

Occupation orders cannot resolve underlying property ownership disputes. If your name isn't on the mortgage or lease, the order provides temporary protection but doesn't establish permanent housing rights. Once expired, you may still need to address fundamental questions about where you and your children will live.

Enforcement can be challenging. The order itself doesn't provide physical security but acts as a legal deterrent. Although failing to comply with an occupation order is a criminal offence, it requires reporting violations and potentially going through criminal proceedings, which can be traumatic for those affected.

The Application Process: Overview

Applying for an occupation order involves several steps, though urgent cases can be processed quickly when immediate danger exists.

The court requires evidence of your relationship to the property and grounds for seeking the order. This might include proof of marriage, tenancy agreements, mortgage documents, or evidence of financial contributions. You'll also need to demonstrate why the order is necessary for your protection or that of your children.

While it can be painful to recall, evidence of abuse or threatening behaviour strengthens your application significantly. This can include police reports, medical records, witness statements, photographs of injuries, or documentation of threatening messages. However, you don't need to wait for serious violence to occur before seeking help.

The court will consider various factors when deciding whether to grant an occupation order. These include the welfare of any children, the respective housing needs of all parties, financial resources available, and the likelihood of harm if the order is not granted.

Making the Right Choice

Deciding whether to seek an occupation order requires careful consideration of your circumstances. Consider your immediate safety needs alongside longer-term housing and financial security. An occupation order can offer some room to explore alternative options, such as finding new accommodation, securing financial support, or pursuing reconciliation, with appropriate safeguards in place.

Don't feel pressured to make this decision alone. Speaking with experienced family law solicitors can help you understand how an occupation order might work in your specific situation and what alternatives might be available.

How Beckett Solicitors Can Support Your Family

At Beckett Solicitors, we understand that seeking legal protection at this difficult time is not an easy task. Our experienced family law team has spent decades helping families navigate challenging circumstances with the sensitivity and expertise they deserve.

We recognise that every family's circumstances are unique, and we tailor our approach to your needs and concerns. Whether you're considering an occupation order, need urgent protection, or want to explore your options, we provide clear, practical advice that prioritises your family's safety.

Our solicitors can help you gather the evidence needed for a strong application, guide you through the court process, and ensure you understand all available options for family protection.

Early intervention often leads to better outcomes for families. Contact Beckett Solicitors today to discuss how we can help protect your family's future. Our experienced and empathetic team is here to listen and provide the expert legal guidance you need during this difficult time.