If you’re living with someone who is making it impossible to feel safe in your own home, an Occupation Order may be the legal tool that lets a court decide who stays and who goes. It’s one of the most powerful — and most misunderstood — remedies available under UK family law, and getting the right information early can make a real difference to how quickly you’re protected.
This guide explains what an Occupation Order is, who can apply, how courts decide, what it costs, and how it differs from a non-molestation order — with straightforward answers to the questions people ask most in 2026.
What Is an Occupation Order?
An Occupation Order is a Family Court order made under Part IV of the Family Law Act 1996 (sections 33 and 35–38) that decides who can live in, return to, or be excluded from the family home. It can also exclude a person from a defined area around the property.
Occupation Orders are most commonly used in cases involving domestic abuse, but they can also apply where a relationship has broken down and there’s a genuine dispute about who should remain in the home — even without allegations of violence.
An Occupation Order does not decide who legally owns the property or how it will be divided on divorce. It’s a short- to medium-term measure to sort out who lives where while the underlying family situation is resolved.
What an Occupation Order Can Do
Depending on the section it’s made under, an Occupation Order can:
- Confirm your right to stay in the home and stop the other person evicting or excluding you
- Require the other person to let you enter and remain in the property
- Regulate how both people share occupation of the home (for example, dividing it into separate areas)
- Suspend or restrict the other person’s right to occupy
- Require the respondent to leave the home, or part of it
- Exclude the respondent from a defined area surrounding the property
- Set out who pays the rent, mortgage, or household bills while the order is in force
- Decide who is responsible for repairs and who can use furniture and contents
Who Can Apply for an Occupation Order?
You must be an “associated person” in relation to the respondent — meaning you have (or had) a defined relationship, such as being spouses, civil partners, cohabitants, former partners, or relatives. You also need a connection to the property, which falls into two broad categories.
“Entitled” Applicants (Section 33)
You’re entitled if you have a legal right to occupy the home — for example, as a sole or joint owner, a tenant, or through matrimonial/civil partnership “home rights.” Entitled applicants have the strongest position and can apply against anyone they are associated with.
“Non-Entitled” Applicants (Sections 35–38)
If you don’t have a legal interest in the property — for instance, you’re a cohabitant living in your partner’s sole name property — you can still apply, but under different sections depending on your relationship to the respondent and whether they are entitled to occupy. These orders tend to be more time-limited than section 33 orders.
How Courts Decide: The Balance of Harm Test
When an entitled applicant applies under section 33, the court applies the balance of harm test. The core question is whether the applicant or a relevant child is likely to suffer significant harm attributable to the respondent’s conduct if the order isn’t made.
If significant harm is likely, the court must generally make the order — unless the respondent (or a child of the respondent) would suffer harm that is as great or greater. Where the risk of significant harm isn’t established, the court still has discretion to make an order, weighing up factors including:
- The housing needs and housing resources of each party and any relevant child
- The parties’ financial resources
- The likely effect of any order (or not making one) on the health, safety, and well-being of the parties and children
- The parties’ conduct towards each other
Occupation Order vs Non-Molestation Order
These two protective orders are often applied for together but serve different purposes, and courts treat them differently.
| Occupation Order | Non-Molestation Order | |
|---|---|---|
| What it controls | Who lives in the home | A person’s behaviour (violence, harassment, intimidation) |
| Legal basis | Family Law Act 1996, ss.33, 35–38 | Family Law Act 1996, Part IV |
| Court fee | None | None |
| Difficulty to obtain | Generally harder — it interferes with property and housing rights | Generally more straightforward once abuse is evidenced |
| Breach | Can carry a power of arrest; breach can be contempt of court or a criminal offence | Breach is automatically a criminal offence |
Domestic abuse for these purposes isn’t limited to physical violence — the Domestic Abuse Act 2021 recognises emotional, psychological, sexual, economic, and coercive or controlling behaviour as grounds for protection.
How Long Does an Occupation Order Last?
Duration depends on the section it’s made under and the court’s assessment of the case:
- Orders can be made for a fixed period (commonly around six months)
- They can be extended or renewed by further application
- In some circumstances involving entitled applicants, an order can be made for an indefinite period or “until further order”
The court reviews these periods against the ongoing risk and housing situation rather than applying a single fixed rule.
What Happens If an Occupation Order Is Breached?
Where the court attaches a power of arrest, the police can arrest the respondent immediately for breaching the order, without needing a separate warrant. Breach can lead to:
- Committal proceedings for contempt of court, which can result in imprisonment, a fine, or seizure of assets
- Criminal charges, where the breach also amounts to a separate offence
How to Apply for an Occupation Order
- Complete Form FL401 — “Apply for a non-molestation order or occupation order.” This is used whether you want an occupation order, a non-molestation order, or both.
- Prepare a witness statement setting out the relationship, the property, the incidents relied on, and why the order is needed.
- Decide whether to apply “without notice.” In cases of immediate risk, you can ask the court to make an emergency order before the respondent is told, with a further hearing listed shortly after so they can respond.
- File with the Family Court. You can apply yourself, through a solicitor, or using CourtNav, a guided online tool that helps prepare the FL401 and witness statement.
- Attend the hearing. For without-notice applications, an emergency order can sometimes be made the same day; a full hearing (with the respondent present) typically follows within a few weeks.
- Arrange service. You must not serve the application or order on the respondent yourself — a process server, your solicitor, or a court official (via Form D89) will do this.
If the respondent lives in certain areas of England or Wales, you may instead be able to apply for a Domestic Abuse Protection Order (DAPO), a newer order being piloted in specific regions.
What Does It Cost? Is Legal Aid Available?
There is no court fee for applying for either an Occupation Order or a Non-Molestation Order. Solicitor fees are separate and vary depending on whether the case is contested.
Legal aid is available for domestic abuse cases, subject to a means and merits assessment (initial advice can sometimes be accessed without a full means test in urgent situations). If you don’t qualify for legal aid, options include paying privately, applying as a litigant in person using CourtNav, or in some cases seeking a costs order against the respondent.
Getting Help
If you’re in immediate danger, call 999. For confidential support and advice on protective orders, contact the National Domestic Abuse Helpline on 0808 2000 247, or the National Centre for Domestic Violence on 0800 970 2070.
Frequently Asked Questions
What is an Occupation Order in simple terms?
It’s a Family Court order that decides who can live in, return to, or be kept out of the family home, made under the Family Law Act 1996.
Can I get an Occupation Order without proving domestic violence?
Yes. While most applications involve domestic abuse, an Occupation Order can also be sought where there’s a genuine dispute about who should occupy the home after a relationship breaks down.
How quickly can I get an Occupation Order?
In urgent cases, courts can make a without-notice (emergency) order the same day or within a day or two. A full hearing, where the respondent can respond, typically follows within a few weeks.
Does an Occupation Order affect who owns the house?
No. It only regulates who lives in the property while it’s in force — it doesn’t decide ownership or how the property will be divided in a divorce or separation settlement.
What’s the difference between an Occupation Order and a Non-Molestation Order?
An Occupation Order controls who lives in the home; a Non-Molestation Order controls a person’s behaviour, such as preventing violence, harassment, or intimidation. They’re often applied for together.
How long does an Occupation Order last?
It can be time-limited (often around six months), extended by further application, or, in some cases involving entitled applicants, made for an indefinite period.
What happens if someone breaches an Occupation Order?
If a power of arrest is attached, the police can arrest the person straight away. Breach can also lead to contempt of court proceedings, potentially resulting in imprisonment, a fine, or asset seizure.
Do I have to pay to apply for an Occupation Order?
There’s no court fee to apply. You may have solicitor’s fees if you instruct a lawyer, but legal aid may be available for domestic abuse cases.
Can a cohabitant who isn’t on the mortgage or tenancy apply?
Yes. Non-owning cohabitants and former cohabitants can apply as “non-entitled” applicants under sections 35–38 of the Family Law Act 1996, though these orders are often more limited in duration than those for entitled applicants.
