Solicitarea unui ordin de ocupare
Cum să obțineți un ordin judecătoresc privind cine poate locui în casa familiei.
Prezentare generală
An occupation order is a court order under Part IV of the Family Law Act 1996 that can regulate who lives in the family home. It can require an abusive partner to leave, allow you to return to the home, or exclude the other person from a defined area around the home. It is a key remedy in domestic abuse situations.
Cine poate folosi acest proces
- You are an 'associated person' (spouse, cohabitant, former partner, family member, etc.)
- You are a victim of domestic abuse or at risk of harm
- The property is, was, or was intended to be the shared home
Proces pas cu pas
Seek Legal Advice
Consult a family law solicitor. Legal aid is available for domestic abuse cases without a means test if you can provide evidence of abuse (e.g., police report, GP letter, MARAC referral). Many solicitors specialise in domestic abuse.
- Contact the National Domestic Abuse Helpline (0808 2000 247) for support and referrals
Apply to the Family Court
Your solicitor files an application (Form FL401) with the Family Court. In urgent cases, the court can make an order without notice to the other party (an 'ex parte' or 'without notice' order). You will need to provide a witness statement setting out the facts.
- Without-notice orders are granted where there is immediate risk of harm
Court Hearing
If the order is made without notice, there will be a return hearing (usually within 14 days) where the other party can respond. At the full hearing, the court considers the 'balance of harm' test — whether the applicant or any child is likely to suffer significant harm if the order is not made.
Enforcement
A power of arrest is usually attached to the order. If the respondent breaches it, they can be arrested and brought before the court. Breach of an occupation order is also contempt of court, punishable by imprisonment.
- Keep a copy of the order with you at all times and give a copy to your local police station
Costuri
Avertismente importante
An occupation order is temporary — it does not resolve long-term property ownership or tenancy issues.
If you are in immediate danger, call 999.
The court balances the harm to both parties — the order is not automatic.