Occupation orders

An occupation order is one of the court’s key powers in cases involving domestic violence. It controls who lives in a home, and can be used to exclude those who use or threaten violence, as well as perpetrators of sexual or psychological abuse.

If a person breaches an occupation order, it is contempt of court. They can be brought before a judge and fined or imprisoned for breaking the terms of the order. Where a victim feels such orders are too strong, it is possible to agree undertakings – a solemn promise to the court. If undertakings are broken, it remains civil contempt.

An occupation order can be applied for without notice and on an urgent basis. If you feel at risk of imminent violence you should contact the police.

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What if I’m not married to my partner?

Again, this order is available whether you have been married to your ex-partner or not

What happens if my partner breaches an occupation order?

If a person breaches an occupation order, that person is in contempt of court. They can be brought before a judge and fined or imprisoned for breaching its terms.

How long do they take to obtain?

If you feel at risk of imminent violence you should contact the police (dial 999).

It is possible to apply for an occupation order without notice to the other party, and on an urgent basis. Occupation orders can be obtained in a matter of a few hours if necessary, with the right legal guidance.

An occupation order can be drafted, and ready to be filed at court, in advance, for instance, in advance of any conversation about separation, or any divorce application, to ensure the applicant is safe and properly housed before starting anything.

Is an occupation order the only way?

Where a victim feel such orders are too strong, it is possible to agree undertakings (a solemn promise to the court). If an undertaking is broken, the breach still results in Civil “contempt”.