Occupation Orders – Your Right to Stay Safe at Home?

Facing domestic abuse and the threat of losing your home can be overwhelming. However, occupation orders offer a legal tool to protect your housing rights. Despite a 22% increase in applications, these orders remain significantly underutilised, representing only 7% of domestic violence orders in England and Wales.

At Maguire Family Law, we understand the urgency and complexities surrounding these orders and are committed to helping our clients secure the protection they need.

Understanding Occupation Orders

Financial abuse, also referred to as economic abuse, goes beyond mere disagreements about spending. It involves a pattern of behaviour where one partner seeks to control the other’s access to and use of financial resources, ultimately striving to make them financially dependent. This control can manifest in numerous ways.

• An abuser might meticulously monitor their partner’s spending, demanding receipts for every purchase, no matter how small.
• They may control all the money in joint or even individual bank accounts, doling out meagre allowances that barely cover essential expenses.
• Access to credit cards might be denied, or the victim might be prevented from opening their own bank account, further limiting their financial independence.
• In some cases, the abuser might forbid their partner from seeking employment or, if they do work, demand that all earnings be handed over to them. This can extend to coercing a partner into taking out loans or opening accounts against their will, or refusing to contribute to shared household or parenting expenses.

The Legal Framework

The prevalence of financial abuse in the UK is alarmingly high, often occurring in the vast majority of domestic abuse cases. Studies indicate that financial abuse is present in as many as 95% to 99% of abusive relationships.

Recent research highlights that one in five women in the UK has experienced economic abuse in the past year, equating to approximately 5.5 million women. Another report suggests that nearly a quarter of women who have endured economic abuse stated that the abuse itself prevented them from leaving the relationship.

Certain demographics are disproportionately affected, with younger women aged 18-24 and women from Black, Asian, and ethnic minority backgrounds being more likely to experience economic abuse.

The Psychological Impact

Occupation orders are governed by the Family Law Act 1996, with sections 33-38 outlining who can apply, the legal tests that must be met, and the application process. The Domestic Abuse Act 2021 has further strengthened protections available to victims, including the introduction of Domestic Abuse Protection Orders (DAPOs) which may eventually become the primary protective order in cases of domestic abuse.

Application Process and Success Rates

To apply for an occupation order, you’ll need to complete Form FL401 and provide a detailed witness statement. However, it’s important to note that securing an occupation order can be challenging. Historically, success rates hover around 50%, with some periods dipping below 40%, meaning that more than half of these applications are denied.

In stark contrast, Domestic Violence Protection Orders (DVPOs) see approval rates of 89-91%. This disparity highlights the critical need for experienced legal counsel when you’re trying to pursue an occupation order.

Factors Considered by the Court

When deciding whether to grant an occupation order, the court applies two key tests:

1. The Balance of Harm Test which weighs the potential harm to the applicant (and any children) if the order is not made against harm to the respondent if it is.
2. The Core Criteria Test which considers factors such as housing needs, financial resources, health and safety impacts, and the conduct of both parties.

DAPOs & the Impact of Recent Legislation

The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Orders (DAPOs) which are anticipated to become the primary protective measure in domestic abuse cases. This shift aims to streamline protection for victims. In some instances, DAPOs may replace occupation orders.

The Home Office has explicitly stated that “it is our intention that DAPOs will become the ‘go to’ protective order in cases of domestic abuse,” suggesting occupation orders will primarily remain for cases where they function purely as property orders with no background of domestic abuse. DAPOs offer broader protection by covering all forms of domestic abuse including physical, psychological, stalking, and coercive control, with no time restrictions, ensuring victims are protected for as long as needed.

How Maguire Family Law Can Help

Our experienced team of family law solicitors has decades of experience in securing occupation orders for clients facing domestic abuse.

As part of our service, we offer:

• Confidential initial consultations
• Clear guidance on eligibility and evidence requirements
• Expert preparation of applications and supporting documentation
• Strong representation at court hearings
• Ongoing support throughout the process

We understand that taking legal action can be daunting. That’s why our team will always provide sensitive support while ensuring your legal rights to safety and housing are protected.

Where to Begin

If you’re experiencing domestic abuse and need to secure your right to remain in your home, contact our team for expert legal guidance on occupation orders.

We can help you understand your options and take decisive action to protect yourself and your family. Call us on 01625544650, or fill in our contact form.

References

Domestic Abuse Act 2021, c. 17.

Family Law Act 1996, c. 27, ss. 33-38.

GOV.UK. (3 January 2024 ). Domestic Abuse Protection Notices / Orders factsheet. https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-protection-notices-orders-factsheet

GOV.UK. (26 September 2024). Family Court Statistics Quarterly: April to June 2024. https://www.gov.uk/government/statistics/family-court-statistics-quarterly-april-to-june-2024/family-court-statistics-quarterly-april-to-june-2024

5 Pump Court. (n.d.). An Introduction to Non-Molestation and Occupation Orders. https://www.5pumpcourt.com/blog/an-introduction-to-non-molestation-and-occupation-orders