Domestic abuse and its effect cannot be underestimated, the impact goes beyond physical and emotional pain and can involve a range of other economical and social challenges. Occupation orders can offer breathing space for you while you tackle other separation issues. Our legal team can help take some of the burden and get you the protection and the space you need. Call, email or book a consultation to find out more.
An occupation order enables you to live in the home to the exclusion of your abuser or restrict the abuser from certain areas in the home. An occupation order does not always result in your remaining in sole occupation of the home. You may also be able to return to the home if your abuser has excluded you.
The court can exclude the abusive party from the home, restrict their access to defined areas, or impose conditions to prevent harassment, intimidation, or further harm.
You must prove you are entitled to occupy the property. This can be because:
- You own the property with the abuser or by being a tenant
- Have a beneficial or legal interest in the property or because you have home rights.
You don’t have to be married; you can be a cohabitant or former cohabitant.
You will need to satisfy the ‘balance of harm’ test. If it appears the conduct of the abuser is like to cause you or any children significant harm the court must make an occupation order in your favour, unless it appears that the abuser or any relevant child is likely to suffer significant harm if the order is made and that harm is as great or greater than the harm likely to be suffered by the you. Before making an order, the court will also consider:
- The housing needs and housing resources of each of the parties and of any relevant child
- The financial resources of each of the parties
- The likely effect of any order, or decision not to exercise powers, on the health, safety or well
being of the parties and any relevant child
- The conduct of the parties
It is important that any witness statement in support addresses these important factors.
