Occupation Orders: Excluding an Abusive Partner from the Home

When domestic abuse turns your own home into a place of fear, an Occupation Order (OO) can provide urgent, enforceable protection. These orders can require the abuser to leave the property entirely, or set clear rules about who occupies which rooms. If you’re considering this step, understanding the legal framework, the court’s approach, and the practical process is essential—especially if you’re representing yourself.

Legal Framework: Who Can Apply?

Occupation Orders are governed by sections 33–38 of the Family Law Act 1996. You can apply if you have a legal right to occupy the home—this usually means you’re a joint or sole owner, tenant, or have matrimonial home rights. If you’re not sure about your status, check the title deeds, tenancy agreement, or whether you’re married and living in the property.

The Balance of Harm Test: What Does the Court Consider?

The court’s main concern is the safety and welfare of everyone involved, especially children. The “balance of harm” test is central: the judge weighs the likely harm to you, the respondent, and any children if the order is made versus if it isn’t. If the risk to you or your children is greater than the risk to the respondent, the court is more likely to grant the order.

Evidence is critical. The court will expect to see:

• Police logs or incident numbers

• GP or hospital notes documenting injuries or distress

• Photographs of injuries or property damage

• Witness statements from neighbours, friends, or professionals

If you don’t have all of these, explain why in your statement. The court can still act on your account, especially if it’s detailed and consistent.

Types of Occupation Orders

• Outright Exclusion: The respondent must leave the home completely. This is the most protective order and is often made where there’s a serious risk of harm.

• Regulation Order: Both parties remain in the home, but the order sets out who can use which rooms or areas. This can be a practical solution if neither party can move out immediately.

• Return Order: If you’ve been forced out, the court can order the respondent to leave so you can return safely.

Procedure: How to Apply

1. Complete Form FL401: This is the same form used for Non-Molestation Orders (NMOs). If you need both orders, tick the relevant boxes and explain why in your statement.

2. Prepare a Detailed Witness Statement: Set out the history of abuse, recent incidents, and why you need the order. Include evidence wherever possible.

3. File at Your Local Family Court or Online: There is no fee for applying. If you’re at immediate risk, request an emergency hearing—these can be listed within 24 hours.

4. Without Notice Applications: If you fear for your safety, you can ask for the order to be made without the respondent being notified in advance. The court will hold a return hearing (usually within 7–14 days) so both sides can be heard.

Key Statistics and Practical Realities

According to the Ministry of Justice, 62% of Occupation Orders are granted without notice when children are involved (MOJ 2024). This reflects the court’s strong focus on child safety. However, the court will still scrutinise your evidence and may limit the order’s duration until a full hearing.

Common Pitfalls and How to Avoid Them

• Unclear Evidence: Vague or general statements are less persuasive. Be specific about dates, times, and the impact on you and your children.

• Not Addressing Housing Needs: The court will consider where both parties (and any children) will live if the order is made. If you have nowhere else to go, make this clear.

• Assuming Immediate Exclusion: The court may prefer a regulation order if both parties have equal rights to the home and the risk is lower.

Final Tips for Self-Represented Applicants

• Organise your evidence and bring copies to court.

• If you’re worried about your address being disclosed, ask the court to keep it confidential.

• Attend all hearings and be prepared to answer questions about your situation and needs.

Occupation Orders can be life-changing, offering a safe space to rebuild and protect your children. With careful preparation and clear evidence, you can maximise your chances of swift, effective relief.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.