Occupation Orders
Living under the same roof as an abusive or controlling partner can feel suffocating and dangerous. An Occupation Order is a legal solution that allows you to remain in your home while excluding the abuser—even if they are the legal owner or joint tenant. The court has wide powers to regulate who can live in the family home and under what conditions.
An Occupation Order can grant you the right to stay in the property and require the other person to leave or limit their access. It’s often used alongside a Non-Molestation Order to provide comprehensive protection. These orders can apply whether you rent or own your home and regardless of whether the property is in one name or shared.
The court considers factors like the history of abuse, the housing needs of any children, and the balance of harm when deciding whether to grant an Occupation Order. Breaching it can lead to arrest if a Power of Arrest is attached.
Frequently Asked Questions
Yes. The court can order a person to leave the home they own or share if their presence causes risk to others in the property.
Occupation Orders typically last 6–12 months, but can be extended. Urgent interim orders can also be made in emergency situations.
If you’re facing homelessness or are worried about housing, we can help you access additional support through housing services and domestic abuse networks.
Home should be a place of safety. If your home life is making you feel unsafe or trapped, AAGA Solicitors will act swiftly and sensitively to help you regain control over your living space and peace of mind.
