When living under one roof becomes unsafe or impossible, an occupation order under the Family Law Act 1996 can exclude a person from a property or regulate how the home is shared.
Who can apply
Eligibility depends on your relationship to the other person and your interest in the property. Associated persons — such as spouses, civil partners, cohabitants and certain relatives — may apply in defined circumstances.
The balance of harm
The court considers housing needs, resources, and the balance of harm test: whether the applicant or child is likely to suffer significant harm if the order is not made, weighed against harm to the respondent if it is.
Often paired with non-molestation orders
Occupation orders are frequently sought alongside non-molestation orders so both the home and personal safety are addressed together.
When to get advice
If you need to leave, stay safely, or exclude someone from the home, seek advice urgently — interim orders can be sought without notice in genuine emergencies.