Can I stop my ex coming in the house if we separate?

As specialist family and divorce solicitors we know that one of the many things that deters people from making the decision to separate from their partner, husband or wife is the fear that their ex will still be able to live in the house or they won't be able to prevent their ex coming back into the house if they separate.

There is a legal solution and that’s why it’s best to speak to a family and domestic violence solicitor about applying for an occupation order. In this blog family law solicitor Behzad Sharmin looks at the grounds for an occupation order and how successful an occupation order is if you are separating during the COVID-19 pandemic.

LONDON BASED FAMILY LAW SOLICITORS

If you need help with staying in your family home and obtaining an occupation order the family law team at OTS Solicitors are here to advise you and represent you in your injunction order application. Call us on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable family law solicitors.

What is an occupation order?

An occupation order is an order made by a family court judge that says who can live in the family home and who can enter the family home.

Does an occupation order transfer ownership of the family home?

An occupation order is intended to protect those who suffer domestic abuse in relationships as a temporary measure until a long-term decision is reached on whether the family home should be sold or transferred to the husband or wife and the other terms of the financial settlement, such as payment of spousal maintenance, a lump sum cash payment or pension sharing order.

Can you get an occupation order if you rent the family home?

You can apply for an occupation order if you rent your family home provided that you meet the eligibility criteria to make an application. That’s because it is important that you and your family are protected from domestic abuse whether you rent or own your property.

Who can apply for an occupation order?

You can apply for an occupation order if you’re a victim of domestic abuse and:

• You own or rent the family home and the family home is, was, or was intended to be shared with your husband, wife, civil partner, unmarried partner, fiancée, family member or the parent of your child
• You have matrimonial homes rights as although you don’t own or rent the family home you are married or in a civil partnership with the owner of the property and you are living in the home
• Your former husband, wife or civil partner is the owner or tenant of the property, and the home is, was, or was intended to be your shared family home
• The person you are in an unmarried relationship with or you cohabited with is the owner or tenant of the property, and the home is, was, or was intended to be your shared family home.

How do you apply for an occupation order?

To apply for an occupation order you will need to get your family law solicitor to prepare an application supported by your statement of evidence. The family court will then allocate a hearing date and your solicitor will make sure that your partner, husband or wife is served with the application for the occupation order.

At the same time as applying for an occupation order you may also need to apply for a non-molestation order or a child arrangement order or specific issue order to protect your children.

What happens at an occupation order court hearing?

Your domestic abuse solicitor will tell you the date of the court hearing for your occupation order. You may already have the protection of a non-molestation order to protect you until you secure your occupation order. That is because the court can make a non-molestation order without a court hearing with your partner or former partner present but will only very rarely make an occupation order without a hearing where your partner or former partner is able to make representations about whether the occupation order should be made.

As a result of the COVID-19 pandemic and social distance measures the court hearing could either take place at a family court or by telephone or video link. If the hearing is taking place at court your solicitor will have a discussion with you about your safety at the court hearing.

Any court hearing will take place in private. This means that only your solicitor, you, your partner and their solicitor can go into the court room unless the family judge gives permission for a third party to be present, for example, a support worker.

The family judge will decide whether to grant the occupation order after reading the application, statements and hearing evidence. The court could decide to make a short-term occupation order or make a longer-term order or conclude an occupation order isn’t appropriate. The occupation order can say that your partner must leave the family home and not return to it during the continuation of the injunction order. The occupation order could also say that your partner or former spouse must also not come within a certain defined distance of the family home.

It is important that if you are granted an injunction order that:

• You get a copy of the occupation order so you know what it says and how it protects you
• Your family law solicitor serves the injunction order on the respondent to the application, namely your unmarried partner or husband or wife or civil partner
• Your family law solicitor or court sends a copy of the occupation order to the local police station – that is in case the court order is breached and you need the protection of the police.

Is it worth applying for an occupation order during the COVID-19 pandemic?

Many people are understandably worried about separating from a partner during the global COVID-19 pandemic and are concerned that they won't be able to get the help they need. If you are experiencing domestic abuse it is important that you seek help whatever your personal circumstances.

As domestic abuse and specialist immigration solicitors we understand that some people are reluctant to come forward but it is best to do so to get the help and protection you and your children need.

The government, domestic violence charities and police are all reporting that during national COVID-19 lockdowns domestic abuse is increasing as families are isolated and violent partners take out their frustrations relating to the pandemic on their partners and even on their children.

Domestic abuse and family solicitors are the first to say that occupation orders are being obtained from the family court to protect those who need them and so urge anyone experiencing any form of domestic abuse to seek help from a domestic abuse solicitor, domestic violence charity or the police as they can all be turned to during lockdown.

LONDON BASED FAMILY LAW SOLICITORS

If you need help with domestic abuse and applying for a non-molestation order or an occupation order call OTS Solicitors on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable specialist family law solicitors.