Family Law Act 1996

Occupation Order (OCC)

This kind of order helps decide who can stay living in the family home. Its whole purpose is to help you feel safe and secure where you live.

What is an Occupation Order?

This order sets out who is allowed to live in, or stay away from, the family home. It exists purely to protect your safety and give you somewhere secure to be. With this in place, it can:

  • Let you stay in the family home, without the other person being there
  • Keep the other person away from entering or coming near the property
  • Set out clear rules about who can use which parts of the home
  • Allow you to return home if you were forced to leave, or if the locks were changed
  • Set out who is responsible for paying rent, the mortgage, or household bills

It is worth knowing that this does not change who owns the property. It simply manages who can live there, purely for safety reasons.

Who Can Apply?

You can ask for this kind of order if you have a connection to the other person, such as being, or having been:

  • A current or former partner or spouse
  • In a current or former partnership recognised by the state
  • Part of the same family
  • Someone who shares responsibility for a child together
  • Someone who lives, or used to live, with the other person
  • Someone involved in a long term, close relationship with them

These requests go through a proper system designed to support people in this situation, and urgent requests can be looked at quickly if your safety is at risk.

What Happens If The Order Is Breached?

Breaking this kind of order is treated very seriously. Depending on what has happened, this can lead to:

  • Serious consequences for not following the order
  • A financial penalty, or a lengthy period away from you
  • Sometimes, the order will allow for confinement to happen straight away if it is broken

How Does CDA Help?

Our team at CDA will walk you through everything, step by step. We will explain your options clearly, check what support you may be able to access, prepare everything that is needed, and work urgently with our trusted partners to help keep you safe.

There is no charge at all for using our service, and we aim to respond within 24 hours of hearing from you.

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