An Occupation Order is a court order that decides who can live in a shared home. It can stop someone who is hurting, threatening or intimidating you from entering or returning to the property.
You can apply if you share a home with the person causing harm – such as a partner, ex-partner or family member. This order can help you stay in your home safely and set clear boundaries about who can live there.
Who Can Apply
You can apply if you and the other person are:
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Married or in a civil partnership
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Living together or used to live together
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In a relationship or share a child
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Family members
You don’t need to own the property to apply. Even if it’s in the other person’s name, you can still ask the court for protection if it’s your main home.
What the Order Can Do
An Occupation Order can:
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Let you stay in the home and stop the other person from entering
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Restrict them to certain parts of the property
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Stop them from coming near your home or workplace
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Make them responsible for paying rent, mortgage or bills while the order is active
The court will look at your safety and your children’s welfare before making any decision.
How to Apply
You can apply using the FL401 form on GOV.UK.
You’ll need to tell the court what has been happening, who lives in the home and why you need protection.
If you are unsafe or at immediate risk, you can apply for an emergency order without informing the other person first. There’s no fee to apply for an Occupation Order in domestic abuse cases.
What Happens After You Apply
The court will review your application and may arrange a short hearing. If the order is granted, it will clearly say who can live in the home and who must stay away. Once the order is delivered to the person named in it, they must obey it.
If the Person Breaches the Order
If they come back to the property or ignore the order and you are in immediate danger, call 999 straight away. If a “power of arrest” is attached to the order and the order is breached, the police can arrest the person and a breach can be punishable by a fine, imprisonment, or both.
How the Domestic Abuse Alliance Can Help
At the Domestic Abuse Alliance, we can help you:
- Help you decide if this order is right for you
- Support you in completing the application form
- Connect you with legal advisers if needed
- Guide you through the court process
You deserve to feel safe in your own home. Contact us today for free, confidential guidance.
