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Occupation Order: How to Win and Success Rate

Occupation Order: How to Win and Success Rate

An occupation order is a legal document that is used to grant one party the right to occupy a property or a certain part of it, and it is often an issue in situations where domestic violence or abuse is suspected. The process of obtaining an occupation order can be challenging, and many people are often unsure of how to go about it. In this article, we will explore what an occupation order is, the process of obtaining one, and the factors that can affect the success rate of an occupation order. We will also provide tips on how to increase your chances of winning an occupation order.

What is an Occupation Order?

 An occupation order is a court order that is issued under the Family Law Act 1996. It is used to regulate the occupation of a property, either by allowing one party to occupy it exclusively or by specifying who can occupy certain parts of the property. An occupation order can be issued in situations where domestic violence or abuse is suspected or where there is a dispute over the occupancy of a property.

How Hard is it to Get an Occupation Order?

The process of obtaining an occupation order can be challenging, and it is often advisable to seek the advice of a legal professional. In order to obtain an occupation order, you will need to demonstrate to the court that you have a right to occupy the property in question and that there is a need for the order to be issued. The court will take into account a range of factors when deciding whether to issue an occupation order, including the welfare of any children involved, the housing needs of the parties, and the conduct of the parties.

Occupation Order Success Rate:

 The success rate of occupation orders can vary depending on a range of factors. According to recent statistics, the success rate of obtaining an occupation order in England and Wales is around 60%. However, this figure can vary depending on the circumstances of each case. Factors that can affect the success rate of an occupation orders. Include the strength of the evidence presented, the conduct of the parties, and the availability of alternative accommodation.

Tips for Winning an Occupation Order:

Gather Evidence: In order to increase your chances of winning occupation orders, it is important to gather as much evidence as possible. This can include witness statements, photographs, and medical records.

Seek Legal Advice:

 It is advisable to seek the advice of a legal professional when applying for an occupation order. They will be able to guide you through the process and provide you with the best possible chance of success.

Be Prepared:

Make sure you are fully prepared for your court hearing. This means having all your evidence and documentation in order and being familiar with the court process.

Consider Alternative Accommodation: If the court is not satisfied that an occupation order is necessary, they may suggest alternative accommodation arrangements. It is important to consider these options and be prepared to make compromises where necessary.

Stay Calm: It is important to remain calm and composed throughout the process. Emotions can run high in these situations, but it is important to avoid any behavior that could be perceived as aggressive or threatening.

FAQ

What are the types of occupation orders?

There are two types of occupation orders: non-molestation orders, which prohibit the abuser from using or threatening violence, and occupation orders, which regulate who can live in a family home or enter certain parts of the property.

Can I apply for occupation orders without involving the police?

Yes, you can apply for occupation orders without involving the police. However, you must provide evidence of domestic abuse or harm to support your application.

How long does an occupation order last?

An occupation order can last for a specified period or until further court order.

What happens if someone breaches an occupation order?

Breaching an occupation order is a criminal offense and can lead to arrest and prosecution.

Can an occupation order be changed or revoked?

Yes, occupation orders can be changed or revoked if circumstances change or a new order is made.

What factors does the court consider when deciding on an occupation order?

The court considers factors such as the welfare of any children involved, the housing needs and resources of each party, and the harm or risk of harm to the applicant or any relevant child.

What is the success rate of obtaining an occupation order?

The success rate of obtaining an occupation order varies depending on the specific circumstances of each case. It is generally higher when there is evidence of domestic abuse or harm.

How can I increase my chances of winning an occupation order?

To increase your chances of winning occupation orders, you should seek legal advice, provide evidence of domestic abuse or harm, and be prepared to demonstrate why an occupation order is necessary for your safety and well-being.

Conclusion:

 Obtaining an occupation order can be a challenging and complex legal process, but it can be an important step toward ensuring your safety and well-being in cases of domestic abuse or harm. Seeking legal advice, providing evidence, and being prepared to demonstrate why an occupation order is necessary can increase your chances of success.

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Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

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