An occupation order is a type of injunction which regulates who can, or cannot, live in the home or certain parts of it. They are serious orders usually made in the context of domestic abuse as they may suspend a party’s right to occupy their own property.
Following an application for an occupation order, a judge will make a decision as to who should or should not reside in the home. This can be the entirety of the property or certain sections of it. For example, it may prohibit someone from entering the bedroom and ensuite bathroom.
In addition, occupation orders can exclude someone from an area around the home (usually around 100 metres).
In order to apply for an occupation order, you must be associated with the respondent (the person you are applying for the order against). The categories of associated people are as follows:
There are several different sections of the Family Law Act 1996 which an applicant can apply under, depending on their circumstances.