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Occupation orders

An occupation order is one of the court’s key powers in cases involving domestic violence. The order 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.

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.