Occupation Orders Be Extended Beyond
Occupation orders are a type of civil order that can be used to prevent someone from going near your home or even entering the surrounding area. They are particularly useful if you have been suffering domestic abuse or you believe that you are in danger of violence or are in fear of being assaulted. Many of these types of orders have powers of arrest attached to them meaning that the Police can take action if the person breaches the terms of the order, for example they might go onto your property or within a specific distance of it.
Occupation order requests are often brought on an emergency basis and are usually granted after a ‘without notice’ or ex-parte hearing by a Judge. The length of an occupation order largely depends on how much risk the Court perceives there is, the extent to which a breach has occurred and whether or not the respondent has been found to have committed violence against you or your children.
The length of the order can also be governed by your finances and whether or not you are in the middle of divorce proceedings. As such, the duration of an order can be a short period of time (such as six months) or it might last until a certain event takes place, for example the finalisation of your finances or until alternative arrangements have been made to house any children involved.
Can Occupation Orders Be Extended Beyond the Original Period?
Our specialist Family Law team can assist you with obtaining an occupation orders. They will be able to advise on all aspects of an application including how the order might be enforced. They can also assist you with other issues that may arise such as who pays the mortgage and bills and what happens to any belongings left behind at the property.
When it comes to determining whether or not an occupation order should be allowed the courts will look at a ‘balance of harm’ test, which involves considering what impact the applicant and any children could potentially suffer if the order was not put in place, as opposed to the potential impact of the respondent or their child who might experience significant harm as a result of the order being made. This means that the balance of harm is weighed up fairly, with the rights and interests of the victim being the foremost consideration.
You must be ’associated’ to the person you wish to keep away from your home in order to apply for an occupation order, which is defined by Section 62 of the Family Law Act. This includes those who are or have been married, in a civil partnership or cohabitees, relatives of either party or people who are currently involved in the same Family Law proceedings. Alternatively, a court can still grant an order where they are satisfied that there is a substantial risk of harm to the applicant or any children. If the court does not consider that the risk of harm is significant, they will not allow an occupation order to be made.