Occupation Orders
An occupation order is an order that someone must leave the home where you live or allow you to return there if you have already left or is only allowed to occupy certain parts of the home. The duration of the order depends upon the circumstances of your case.
The court will make different orders depending on what rights you have to the property - for example whether you are a lodger or an owner-occupier - and the relationship between you and the other person, known as the Respondent. It will also consider the needs of any children.
An occupation order decides who can live in the family home and can also restrict your abuser from entering the property and the surrounding area.
What protection do I have with an occupation Order?
You may apply to the Court for one or more of the following:- To enforce the Applicant's right to stay in the home
- To require the Respondent to permit the Applicant to enter and remain in the home
- To regulate the occupation of the home (for example who may use what parts of the house and at what times)
- To prohibit, suspend or restrict the Respondent's rights to occupy the home
- To require the Respondent to leave the home or part of it
- To exclude the Respondent from a certain geographical distance away from the home
Opposing occupation orders
You can challenge an occupation order made against you if you believe that the occupation order against you is baseless and not corroborated by any evidence.
Responding to an occupation order
It can be upsetting to learn that someone you were once close to has decided to take out an order against you, this can be further aggravated when you believe that the facts relied upon are untrue.
In such circumstances, individuals may wish to defend themselves and fight against an occupation order simply because they do not want the applicant to win or to genuinely clear their name of the lies said against them.
What options are available to the Respondent after an ex-parte occupation order?
The Respondent can either:- Oppose the order and succeed in proving the applicant wrong; or
- He/she can opt not to oppose the order or agree to give undertaking (which is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her
Why choose Westridge Legal?
Our team of family lawyers are aware of the sensitivity and complexity involved in occupation orders. We understand that every individual requires different care and are here to support you.
Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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