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Support for People Experiencing Domestic Abuse
Every person’s situation is different, which is why we provide tailored guidance based on your individual circumstances. Whether you’re seeking immediate protection or preparing for family court, we’re here to help you feel informed and supported.
What Is an Occupation Order?
An Occupation Order is a type of court order made under the Family Law Act 1996. It determines who can live in, enter or return to a family home.
Depending on the circumstances, an Occupation Order may:
- Allow someone to remain in the property
- Prevent another person from entering the home
- Set conditions about how the property can be occupied
These orders are commonly used where there are concerns about safety or allegations of domestic abuse. However, they can also be appropriate in other situations where the Family Court believes intervention is necessary.
Every application is considered on its own facts, with the court’s primary focus being the welfare and safety of those involved.
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How McKenzie Picave Can Support You
Making an Occupation Order application isn’t something most people ever expect to do. The court process can feel unfamiliar and it’s easy to feel overwhelmed when you’re trying to deal with everything else that’s happening around you.
That’s where McKenzie Picave can help. We’ve supported thousands of people through Family Court proceedings and understand how daunting the process can feel. We’ll take the time to explain what’s happening, answer your questions and make sure you feel supported from the moment you contact us.
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Frequently Asked Questions
Who can apply for an Occupation Order?
Eligibility depends on your relationship to both the property and the other person involved. Spouses, former partners, civil partners, cohabitants and certain family members may be able to apply.
How do I make an Occupation Order application?
Applications are made through the Family Court using the appropriate forms and supporting evidence. The court will consider the circumstances of your case before deciding whether an order should be made.
How quickly can an Occupation Order be granted?
This depends on the circumstances. Where there is an immediate risk of harm, the court may deal with an application urgently. Other cases may follow the standard Family Court process.
Can a McKenzie Friend help with an Occupation Order application?
Yes. A McKenzie Friend can provide practical support throughout your Occupation Order application, helping you understand the Family Court process and what to expect at each stage. While they cannot act as your solicitor, they can offer guidance and experienced support if you’re representing yourself.
What's the difference between an Occupation Order and a Non-Molestation Order?
An Occupation Order regulates who can occupy a property, while a Non-Molestation Order is designed to protect someone from harassment, intimidation or abuse. In some situations, both orders may be applied for at the same time.
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