An occupation order regulates the occupation of the property. Such orders are granted in very serious circumstances as it can exclude someone from the home in which they are legally entitled to live i.e. they jointly or solely own the property.

What happens when an Occupation Order is granted?

An occupation Order allows the Court to decide who should live, or not live, in the home or any part of it. The Order can also exclude the other person from an area around the home. The power to make an Order is contained in sections 33 and 35 to 38 of the Family Law Act 1996.

How do you win an Occupation Order?

1. You must have a legal or contractual benefit in the property or a right to occupy. …
2. The property is or has been at some time the home of both parties and was intended to be your home.
3. Both you and the party against whom the order is made against are associated.

How serious is an Occupation Order?

An Occupation Order has serious consequences for the Respondent. … Breach of an Occupation Order is a contempt of Court and can be punishable by imprisonment. In certain circumstances, the Court can attach a power of arrest to the Order.

What evidence do you need for an Occupation Order?

The housing needs and resources of each of the parties and of any relevant child. The financial resources of each party. The likely effect of any order, or of any decision by the court not to exercise its powers, on the health, safety or well-being of the parties and of any relevant child.

How long does an occupancy order last?

An occupation order generally lasts up to 6 months but can be extended or renewed if required, but only if there are exceptional circumstances in place.

How long does an occupational order take?

An occupation order is a court order which specifies who is and who is not able to live in the family home and/or who can enter the surrounding area. Normally, an occupation order will only last for a short period of time, usually around 6 months.

Can you cancel an occupation order?

YOU MUST OBEY THIS ORDER. You should read it carefully. If you do not understand anything in this order you should go to a solicitor, Legal Advice Centre or Citizens Advice Bureau. You have a right to apply to the court to change or cancel the order.

Can you fight an occupation order?

You can challenge a non-molestation order/application made against you if you believe that the non-molestation order or application against you is baseless and not corroborated by any evidence.

What is an occupation order and non-molestation order?

A Non-Molestation Order can be obtained to prohibit violence and harassing behaviour, whilst an Occupation Order is often pursued, where the persons concerned live in the same home, and one person can be ordered to leave the home, not then being able to return to it. …

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Can an occupation order be made without notice?

(2) An application for an occupation order or a non-molestation order may be made without notice.

What will the court have to consider in relation to an occupation order?

When making an occupation order, the court should also consider whether or not to make a non-molestation order: an order used to prevent violence or harassment. In these circumstances, “molestation” may include: pestering, intimidation or harassment of an applicant.

What is an entitled applicant?

Occupation orders where one spouse or civil partner is the sole owner. … Where either the sole owner or the spouse or civil partner who doesn’t own the home wishes to stay in the matrimonial home, they can apply for an occupation order as an entitled applicant.

How long do injunctions last?

Injunctions are typically granted for a set period – often six to 12 months – though they can be indefinite. Injunctions can also be renewed.

What are matrimonial home rights?

Matrimonial Home Rights give both spouses an automatic legal right to occupy the matrimonial home regardless of whose name the property is in. The purpose of this right is to prevent one spouse from being evicted from the family home by the spouse who has a legal right to occupy the property.

What evidence do you need for a non molestation order?

We would recommend that the statement should exhibit, where available: Clear, colour photos of any injuries caused, or damage to property/belongings. Text message/social media evidence where relevant, such as messages containing threats of violence or control.

Who pays the mortgage after an occupation order?

The Occupation Order deals with who pays the rent or mortgage on the property, who maintains the property and any outgoings. The Order may also cover any other assets or debts.

What evidence do you need for an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

Can I speak to ex If I have a non molestation order?

Non-molestation orders This is a type of injunction which prevents one person from harassing the other. … If there is a non-molestation Order in place, it’s unlikely that you will be able to address these issues without legal representation, as the order will prohibit contact between you and your ex.

What happens at a return hearing for a non molestation order?

What happens at a Non-Molestation Order hearing? The court hearing will be private, meaning only you, the applicant, and your respective legal representatives can attend. At the hearing, the judge will consider the applicant’s statement and evidence and your statement and evidence.

Does a non molestation order show on CRB?

Does a Non Molestation Order show on a CRB check? … Non-molestation orders are civil Court orders and are not automatically recorded against somebody’s criminal record. However, as below, breaches are a criminal offence and therefore, may be recorded.

Can I extend my non-molestation order?

Renewal or extensions Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.

Can a non-molestation order be rejected?

Sometimes the non-molestation order can be dismissed at the initial return hearing without the necessity for undertakings if it is agreed or the court believes it is not necessary. If the respondent decides not to contest the order, it remains in force for a particular period of time.

Can you get legal aid to defend a non-molestation order?

Funding Options We do not offer legal aid and you will not ordinarily be eligible unless you are the victim of domestic violence.

Can I extend an occupation order?

Occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home (i.e. as owner or co-owner, or tenant/joint tenant, or because you are or have been married to the owner/tenant).

How is a non molestation order delivered?

For non-molestation orders, a process server must directly deliver the documents. They shouldn’t post them through a letterbox, or they’ll risk the respondent claiming that they haven’t seen them. Professional process servers offer face-to-face delivery, making sure that the documents have been seen and acknowledged.

What is court NAV?

CourtNav is an online tool designed to help you if you are completing an application for a non-molestation and/or occupation orders (injunction) to get legal protection in England or Wales. It can also help you get a divorce petition.

How do you get an injunction dropped?

How do I get an injunction dismissed? After an injunction is granted, the respondent can file a motion to dismiss based on a change in circumstances. In other words, you must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties.

How much does an injunction cost?

There are no fees to file for an injunction against harassment. The judge may also order the losing party to pay for the winning party’s court costs and attorney’s fees. Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.

Can you get an injunction against a Neighbour?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it’s a criminal offence and they can be prosecuted in the criminal courts.