What Are Occupation Orders?
An Occupation Order is a type of injunction issued by the family court that regulates who can live in the family home after a relationship breaks down. It is often applied for where there has been domestic abuse, intimidation, or serious conflict between partners or family members.
An Occupation Order can:
- Exclude one person from the family home entirely.
- Allow one person to remain in the home while limiting the other’s access.
- Restrict someone from entering certain parts of the home.
- Set out responsibilities for paying rent, mortgage, or bills while the order is in place.
Who Can Apply for an Occupation Order?
You may be eligible to apply if you are:
- Married or divorced from the other person.
- In a civil partnership (current or former).
- Living together or have previously lived together.
- Parents of the same child.
- In some cases, close family members.
How Long Does an Occupation Order Last?
These orders are usually made for a fixed period (weeks to months), but they can be extended or renewed if necessary. In certain cases, they remain in place until the court makes a further order.
What Happens If Someone Breaches an Occupation Order?
Breaching an Occupation Order is not automatically a criminal offence (unlike a Non-Molestation Order). However, the person in breach can be taken back to court for contempt of court, which may lead to fines or imprisonment.
Key Points to Remember
- Occupation Orders regulate housing arrangements after separation.
- They are often applied for alongside Non-Molestation Orders to ensure both safety and stability.
- The court’s main priority is always the safety and welfare of any children involved.
How Capital One Solicitors Can Help
At Capital One Solicitors, we:
- Advise on whether an Occupation Order is suitable in your circumstances.
- Apply urgently to protect your right to live safely in your home.
- Defend clients facing an unfair application.
- Provide expert representation throughout the court process.
📞 Contact our Family Law team today for immediate, confidential advice about Occupation Orders.
Non-Molestation Orders vs. Occupation Orders
When relationships break down, the family court can grant protective injunctions. Two of the most common are Non-Molestation Orders and Occupation Orders. While they are often applied for together, they serve very different purposes.
| Feature | Non-Molestation Order | Occupation Order |
|---|---|---|
| Purpose | Protects a person (and sometimes their children) from harassment, threats, intimidation, or violence. | Decides who can live in the family home, or exclude someone from it. |
| What it prevents | – Physical violence or threats – Harassment or intimidation – Contact via calls, texts, social media – Coming near your home, workplace, or child’s school |
– Preventing one partner from entering or living in the family home – Restricting access to certain parts of the home – Regulating who pays bills or maintains the property |
| Who can apply | – Spouse or ex-spouse – Current or former partner – Someone you live with / used to live with – Someone you share a child with – Certain family members |
– Spouse or ex-spouse – Cohabiting partners – Parents of a child – Some other family members (depending on circumstances) |
| How long does it last? | Usually 6–12 months (can be extended). | Usually for a fixed period (weeks to months) or until further order of the court. |
| Is it a criminal offence to breach? | ✅ Yes. Breach is a criminal offence punishable by arrest, fine, or up to 5 years’ imprisonment. | ❌ No. Breach is not automatically a criminal offence, but you can be taken back to court for contempt of court (which can carry fines or imprisonment). |
| Main focus | Personal safety and protection from harm. | Living arrangements and occupation of the home. |
How Capital One Solicitors Can Help
At Capital One Solicitors, we are highly experienced in applying for and defending both Non-Molestation Orders and Occupation Orders. We can:
- Act quickly in emergency situations to protect your safety or home.
- Defend you if you have been unfairly served with an order.
- Guide you through the court process with clear, practical advice.
- Ensure your rights and interests are fully protected.
📞 Contact our divorce solicitor today for urgent, confidential advice on injunctions.
