Occupation Order is an important part of the law that identifies who is entitled to reside in the family residence, or some areas of the house, after a relationship break-up. It may also bar one party from the property entry or access. They usually serve to safeguard a person and children against domestic violence or disagreement within the family.
An Occupation Order is awarded by the Family Court according to the Family Law Act of 1996. It controls the occupation of the family house, who is allowed to occupy the house and who is forced to go. This order may be made even in the case when the property is owned or rented under the name of an individual.
The Occupation Order is designed to ensure the well-being and anticipated safety of the applicant and any children. It could also be used to establish a harmonious living condition as other legal issues like divorce or child custody are being solved.
You can apply if you are an associate, which includes:
An Occupation Order can:
The court will take into consideration various factors before awarding an order, among them the balance of harm test, whereby an applicant or any child will suffer more harm in case the order is not awarded than the respondent would suffer in case the order is awarded.
It takes time, depending on the bond between the applicant for the property and the respondent. Orders may be interim (lasting several months) or permanent, depending on the case. Under extreme circumstances, the order can be maintained pending further court instruction.
We understand that applying for an Occupation Order at First Law Solicitors is usually done in alarming situations that are painful and urgent. The experienced family law attorneys that we offer include:
You deserve to be safe at home in case you are facing domestic violence, harassment and inappropriate living conditions.
Contact First Law Solicitors now to get confidential advice and get immediate assistance in applying for an occupational order as a means of protecting yourself and your family.
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