Can Occupation Orders Be Granted For Family Members?
Occupation Orders Be Granted For Family Members
A family home is often the most emotional place for a victim of domestic violence, particularly if they are living with their abuser. The Family Court can offer a number of protection mechanisms that allow victims to feel secure in their own homes. This includes occupation orders which regulate who can live in a property and its surrounding areas.
An order can be granted for a period of time and, as well as regulating who can live in a property, it can also dictate what activities can take place within the grounds. This can include limiting who has access to the garden or driveway of the house, allowing for more privacy and security in the home. It can even determine who has to pay associated costs like mortgage and utility bills, if applicable.
In order to gain an occupation orders, you must satisfy the criteria set out in the Family Law Act 1996. This stipulates that you must be associated with the person against whom you are seeking an order and that you are either entitled to occupy the property as a spouse or civil partner or have matrimonial home rights. It is also necessary to demonstrate that the property is or has been your home and was intended to be your home.
Can Occupation Orders Be Granted For Family Members?
The Court will then apply a balance of harm test when considering whether to grant the order. This means that it must be established that, in the absence of the order being made, you or a relevant child will suffer significant harm. It must be shown that this harm is as great or greater than the harm attributable to conduct of the respondent if the order is made.
If you are successful in your application for an occupation order, the Court will issue it under section 62 or 63 of the Family Law Act 1996. It will be binding and enforceable by the police, meaning that anyone who breaches the order can be arrested. Breach of an occupation order can result in fines and even imprisonment, depending on the severity of the breach.
Aside from the legal implications, there are also practical issues that can arise when seeking an occupation order. Often, the applicant must find alternative accommodation while an order is in force. This can be a stressful and difficult experience for an individual and may require them to relocate far from their work and support network.
It is therefore vital to speak to a family lawyer in order to determine whether or not an occupation order would be appropriate for your situation. Alternatively, there are less adversarial options that can be explored, such as mediation or non-molestation orders. These options can be more effective and are likely to offer a quicker resolution than litigation. They are also more cost-effective and can have a positive impact on the wellbeing of children involved in the process. For further information about these less aggressive forms of family law intervention, speak to one of our expert solicitors today.