What is an Occupation Order – And How Do You Fight One?

By Michael Thompson, Founder of the Falsely Accused Network

If you’ve been falsely accused or suddenly find yourself being told you’re no longer allowed to live in your own home, chances are you’re dealing with something called an Occupation Order. These orders are made under the Family Law Act 1996, and they can have massive consequences—especially for those who are already dealing with false allegations or an acrimonious breakup.

What is an Occupation Order?

In short, an Occupation Order tells someone whether they can live in a property or not. The court can:

Order one party to leave the home.

Allow one party to stay while preventing the other from returning.

Set up boundaries, like banning someone from being within a certain distance.

It’s often used when there are claims of domestic abuse, and the person applying says they feel unsafe in the home. Orders can be made for a set time (like 6 months), but they can also be renewed.

How Do You Get One?

To get an Occupation Order, the applicant must:

Show they are associated with the person (usually a partner or ex).

Show they either own, rent, or have a right to live in the home.

The court then applies what’s called the balance of harm test. In plain English: would the applicant (or a child) suffer more harm if the order isn’t made, than the respondent would if it is?

Other things the court looks at include:

Whether children live in the property.

Financial circumstances.

If there’s been violence, threats, or controlling behaviour.

Applications are made using Form FL401, and they can be made without notice if the applicant claims there’s an immediate danger.

How Do You Fight One?

If you’ve been served with an Occupation Order application—especially one based on false allegations—you need to act fast.

1. Challenge the Claims

Start by tackling the allegations. Most Occupation Orders are based on claims of abuse or intimidation. If they’re false, you need to gather evidence—text messages, CCTV, witness statements, anything that shows the reality.

2. Balance of Harm

You can argue that you would suffer more harm if the order is made. If you’ve got nowhere to go, if you’re the main carer of your children, or if the house is in your name, this is a strong argument.

3. Housing and Financial Impact

Make the court aware of what the order would mean for you practically. Will it leave you homeless? Unable to work? Would you still be expected to pay rent or the mortgage?

4. Who Really Has a Right to the Home?

If the person applying doesn’t have a legal right to live there—e.g. they’re not on the tenancy or mortgage—that can weaken their case, depending on which part of the Family Law Act they’re relying on.

5. Counter-Application

If they’ve been the one mistreating you, and you’ve got evidence, you might want to apply for your own protective order.

Final Thoughts

Occupation Orders are serious. They’re civil orders, but breaching one can result in arrest and criminal charges if it has a power of arrest attached. If you’re facing one, or thinking about applying for one, you need to prepare properly and take it seriously.

Too many people—especially men—find themselves suddenly removed from their homes based on accusations that are either exaggerated or completely false. If that’s you, don’t panic, but don’t ignore it either. Fight it with facts, evidence, and a calm head.

If you need support, legal advice, or just someone to talk to about your options, get in touch. You’re not alone.

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Disclaimer: This article is for general information only and is not intended to be legal advice. If you are facing an Occupation Order or considering making an application, you must seek advice from a qualified solicitor before taking any legal action.