Occupation Order FAQs

An Occupation Order is a Court Order that decides who can live in the family home or enter the surrounding area.

You can apply for an Occupation Order if you meet any of the following requirements;

• You own or rent your home and it is or was intended to be shared with your husband/wife/civil partner/cohabitant/family member/person you’re engaged to or parent of your child.
• You do not own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’);
• Your former husband/wife/civil partner is the owner or tenant and the home is, was or was intended to be your shared matrimonial home.
• The person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home.
   

You can apply for an occupation order online yourself via the RCJ Citizens Advice CourtNav service (you will need to create an online account, explain what happened to you and include the name and address of the abuser – https://injunction.courtnav.org.uk/register). You may also qualify for legal aid to help with your application and subsequent hearing. 

Alternatively, you can apply for an occupation order by email or post using the helpful step-by-step guide and application form listed on the Government website.

If you require immediate protection, ask for an emergency order when you apply. This is also known as a ‘without notice’ or ‘ex-parte’ application. The Court will hold a hearing which you must attend. At the hearing, the Judge may make an Injunction Order where that Order needs to be served on the abuser.

For more advice, contact us. You can also reach out to one of the specialised charities set out below:

• https://www.refuge.org.uk/
• https://www.womensaid.org.uk/
• https://www.citizensadvice.org.uk/family/gender-violence/domestic-violence-and-abuse/
• https://mensadviceline.org.uk/