What is the balance of harm test in an Occupation Order case?

Before making an Occupation Order, the court weighs up the harm that each person would suffer depending on whether the order is made or not. If you or a child would be at risk of significant harm without the order, and that outweighs any harm to the respondent from being required to leave, the court must make the order.

Occupation Order Solicitors Milton Keynes | Family Law

Q: Can the court make someone leave their own home?

Yes. The fact that someone is the legal owner of a property, or is named on the mortgage, does not prevent the court from making an Occupation Order requiring them to leave. Where the safety of a victim or child requires it, the court will prioritise that over the respondent's property rights.

Q: Who can apply for an Occupation Order?

Your eligibility depends on your connection to the property and the other person. You can apply if the other occupier is what the law calls an associated person, which includes current or former partners, spouses, civil partners, people who live or have lived with you, and family members. We will advise you on your eligibility at your first meeting.

Q: Can the court act without the abuser knowing?

Yes, in the right circumstances. A without-notice application means a protective order can be put in place without the other person being present or told in advance. Without-notice applications are used where telling them first would put you at greater risk. Once the order is served, there will be a further hearing at which they can attend and present their case.

Q: Can I get an Occupation Order and a Non-Molestation Order at the same time?

Yes, and this is common in domestic abuse cases. An Occupation Order addresses who lives in the property; a Non-Molestation Order addresses behaviour and personal protection. Applying for both together gives you a more complete set of protections, and we will advise on whether that is appropriate in your case.

Q: What if I have already left the family home?

You can still apply for an Occupation Order even if you have already left and are staying with family or in temporary accommodation, provided you are eligible to do so. The court can make an order allowing you to return. We will advise on the strength of that application based on your specific circumstances.

Q: How long does an Occupation Order last?

The duration depends on the circumstances. Some orders are made for a fixed period and others can be extended. Where there is an ongoing risk of harm, we will advise on applying to renew or vary the order before it expires.

Jump to: How We Can Help Why Us? What We Can Offer Our expertise Frequently Asked Questions

Woman considering whether to leave or return to family home – occupation order advice from Purcell Solicitors Milton Keynes

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How we can help

If you need to remove an abusive partner from your home, or if you have been forced out and want to return, our solicitors with over 25 years of family law experience can help.

Your home should be where you and your children feel safe. If that is not the case, the court can help. An Occupation Order is a court order that decides who can live in the family home. It can make someone leave, stop them from coming back if they have left, let you return to a home you had to leave or regulate how you will share the occupation pending resolution of other wider issues.

You can usually get an Occupation Order even if the other person owns the property, is on the mortgage, or has the same right as you to be there. In urgent and extremesituations, applications can be made without telling the other person in advance for protective orders pending occupation matters being resolved

At Purcell Solicitors, we help couples in Milton Keynes, Buckinghamshire, Northamptonshire, Bedfordshire, Oxfordshire, and the wider Thames Valley. Our team is ranked in Chambers and Partners for family and divorce law. All our solicitors are Resolution members and are committed to helping you reach fair agreements in a calm and respectful way.

Why Us?

Why Purcell Solicitors?

Occupation Orders are some of the most important decisions the Family Court can make. You need a solicitor who knows how to apply for them and how to present your case clearly to give you the best chance of success.

If you need to remove someone from your home or want help returning to a home you had to leave, we are here to help.

Please get in touch on 01908 693000 or fill in our contact form and one of our solicitors will contact you to discuss.

Solicitor preparing urgent occupation order court application – Purcell Solicitors Milton Keynes

What we can offer

Our occupation order legal services

Our occupation order solicitors in Milton Keynes will work with you and advise you in relation to:

Advising you on whether an Occupation Order is the right step and what the court is likely to consider.
Preparing and filing your application, including your witness statement and supporting documents.
Making an urgent, without-notice application to the court where there is an immediate risk of harm.
Applying for a Non-Molestation Order at the same time, which is often done alongside an Occupation Order.
Helping you understand what the order can cover, including any exclusion zone around the property.
Advising on the “balance of harm” assessment the court will carry out and how to present your case effectively.
Advising on your position if you have already left the family home and want to return.
Advising on what happens at the court hearing and preparing you for what to expect.
Applying to extend or vary the order if your circumstances change.

Our-Expertise

Who we are

Our occupation order team is made up of

Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.

Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.

Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law

Haidee French – Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel with over 12 years of experience in family law

Stephanie Dodman, Family Law Solicitor, member of Resolution.

Chantelle Pusey, Trainee Solicitor