Occupation Order Family Law
Occupation Order Specialists
Many people suffering from domestic abuse live in the same household as their abuser.
You and your children may be experiencing fear and intimidation (and the mental health ramifications as a result) every day as a result of being unable to leave the family home, or due to the abuser refusing to leave.
Our team are renowned for their excellence and unrivalled expertise when dealing with physical and non-physical forms of domestic abuse and we are specialists at dealing with situations where your home environment has become intolerable.
If you are living with your abuser and they will not leave the family home, we can help you remove the abuser from the household so that you and any relevant children have peaceful enjoyment of the home free from abuse.
What Occupation Orders Can Do
Occupation orders can help you in many ways and are not just restricted to ordering your abuser to leave the property.
We understand that every personal relationship and domestic violence case is different, as are the housing resources available to individuals. Based on legal advice and family proceedings, the courts will determine the occupation rights of both parties in relation to the case and reduce the risk of harm.
The court can order that your abuser is restricted to certain areas of the property, that they continue to pay the bills and mortgage and/or that they allow your return to the property if they have forced you to leave and prevented you from regaining access by.
For example, changing the locks without your permission or consent.
What You Need to Prove
In order to apply for an occupation order, you will need to be able to prove:
- That you are entitled to occupy the property, for example, by being an owner (sole owner or joint owners) of the property or by being a tenant of the property
- The property currently is, has been or was intended to be you and your abuser’s home
The court will consider all the circumstances when deciding whether to grant an occupation order including the following:
- The housing needs of both parties and the needs of any children involved, particularly to protect children from abuse
- The financial resources of you and the other party
- The effect that not granting the order would have on the health, safety and well-being of the parties and any children involved
- The conduct (behaviour) of the parties generally and in relation to each another
Getting in Touch
Domestic abuse is wrong and is not something you should ever have to live with or accept.
Abusers know what they are doing and make an active choice to behave in the way they do, no matter what they may tell you. Nobody deserves to be abused and at McAlister Family Law, we know that there are happier times ahead for you and your family.
Our expert family law solicitors can guide you through the most challenging times in your life and secure a safe, happy future for you free from abuse and/or violence.
We do not take a “one size fits all” approach at McAlister Family Law, our expert lawyers know that domestic abuse is a deeply personal, traumatic experience and that victims require compassion and sensitivity tailored to their individual circumstances and emotional needs.
Our specialist team of lawyers know the anxieties you face and will meet you in a safe environment where a bespoke strategy will be prepared to ensure your safety at home.
Other Domestic Violence Services
Get in Touch with Our Occupation Orders Lawyers
We understand that no matter what side of domestic violence you are on, it can be hard to reach out. Our expert team has years of experience in occupation orders so you can rest assured we can help.
To speak with one of our lawyers, phone us on 0333 202 6433 or send us an email at [email protected].