Occupation Order

Domestic violence and broader domestic abuse are shockingly commonplace in the United Kingdom. Unfortunately, evidence suggests that the vast majority of domestic abuse victims suffer in silence. In doing so, they remain trapped in the ‘cycle of abuse’ and their abusers are never brought to justice.

At Aristone Solicitors, we understand and acknowledge the complexity and sensitivity of matters regarding domestic abuse. Whether looking to take action against an abuser or simply in need of impartial expert advice, we’re standing by to take your call. Contact our family legal team anytime for an obligation-free consultation.

What Is an Occupation Order?

An occupation order is one of several types of injunctions that can be taken out against an abuser, harasser or threatening individual. In this instance, however, an occupation order can only be taken out against an individual who shares the family home with you and any children you have.

The content and requirements of each occupation order are unique, though will typically outline specific instructions such as:

  • The abuser must move out of the family home by a specified deadline
  • The abuser is forbidden from attempting to visit the family home
  • The abuser must keep a certain distance away from the home at all times
  • The abuser is only allowed to access certain parts of the home
  • The abuser must let their partner back in the home if they have locked them out
  • The abuser must continue to make mortgage/rent contributions

It is ultimately the court’s responsibility to determine whether or not an occupation order is appropriate and necessary. In doing so, a variety of factors will be considered, including but not limited to the following:

  • The financial situation of you and your partner
  • The safety and welfare of your children
  • Your own safety and welfare
  • The consequences of failing to issue an injunction
  • How you and your abuser behave to one another
  • The urgency of the situation
  • Whether attempts have been made to resolve the issue
  • The nature and severity of the alleged abuse

As with most types of injunctions, the courts will always prioritise the safety and well-being of any children involved in the case. If you believe that an occupation order is necessary to protect your children, this should form the basis of your argument.

The requirements within the occupation other and how long they will apply for (injunctions are almost always time-limited) will be determined on the nature and strength of your case. This is why it is important to seek qualified legal support at the earliest possible stage, in order to build a strong and convincing case for your own benefit and for the welfare of your children.

Ask the Experts…

At Aristone Solicitors, we offer a complete range of qualified legal services for all family matters. Whatever kind of domestic abuse or violence you have suffered, you have the power and the duty to take action and put a stop to it immediately.

For more information or to discuss your case in more detail, contact a member of the team at Aristone Solicitors today.

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