Are Occupation Orders Available in Cases of Harassment?

Occupation Orders Available in Cases of Harassment

If you are being harassed in your home or another address, there is help available under the Protection from Harassment Act. However, that type of order does not deal with the issue of who can occupy your home. That is where an occupation order comes in.

The court can make an occupation order that dictates who can live in your family home if they believe you would suffer significant harm if you were not protected by the order. However, the courts are required to apply very strict criteria in making an occupation order. For example, the court must find that there are ‘extreme circumstances’. This does not mean there needs to be violence but the courts must balance up your rights against the rights of the respondent in deciding whether or not to grant an occupation order.

Occupation orders are only granted in serious cases and there is a lot of evidence that the court considers, including the housing needs and finances of both parties, the safety and wellbeing of any children and the mental and physical health of the applicant. They also take into account the level of harm you would suffer if you were not protected by the order against the risk of abuse.

A power of arrest can be attached to an occupation order if the court believes there are grounds for it in the light of the evidence submitted to them. This means that the police can arrest the respondent if they breach the terms of the order. This is in contrast to non-molestation orders which do not automatically have a power of arrest attached.

Are Occupation Orders Available in Cases of Harassment?

Stowe Family Law can advise you on the best way to secure an occupation order and the steps that need to be taken. We can also assist you in drafting the necessary application form and submitting it to court. We can also arrange for an urgent hearing without notifying the other party, where appropriate, and help you to decide on a more permanent arrangement.

If you have concerns about your safety or the safety of any children, please do not hesitate to contact us. We have an experienced team of family solicitors who are on hand to help you. If you are eligible for legal aid, we can help you apply for it and can refer you to a local solicitor. There is a searchable list of approved solicitors and firms on the government’s website. If you are not eligible for legal aid, we can still offer a competitive fixed fee for the preparation and submission of occupation orders. To discuss your situation in confidence with one of our family lawyers, please call us on 01905 620938 or email us at [email protected]. We look forward to hearing from you.