An occupation order regulates who can live in the property/family home, and can also restrict your abuser from entering the surrounding area. If you do not feel safe living with your partner then you can apply for the Occupation Order, though you can still apply even if you have left the property/family home but the chances of success at that point of time are quite low.
To apply for an Occupation Order you need to fill in application form FL401 and must attach your statement with the application form.
You can apply to obtain an exparte occupation order without notifying the same to the respondent, however once you obtain the occupation order then you must serve it onto the respondent within 3-7 days.
Under new legislation a breach of an occupation order is now a criminal offence.

Who is Eligible to Apply for an Occupation Order?

a) You are or have been married to each other
b) You are have been in a civil partnership with each other
c) You are cohabitants or former cohabitants (including same sex couples)
d) You live or have lived in the same household
e) You are relatives
f) Although not living together, you are in “intimate relationship of significant duration”
g) You are both involved in the same family proceedings

If you want to apply to set aside or change an Occupation Order then you need to complete form FL403.

Why Choose Asher & Tomar Solicitors:

Our team of expert Family Solicitors based in London and Cardiff can advise and represent you at the court to obtain an occupation order for you.

Our expert Family Law Solicitors will endeavour to deliver the best outcome of your complex matter, and have dealt with numerous occupation order applications in the past.