UK Occupation Order for Emotional

Abuse: What You Need to Know

An Occupation Order is a legal remedy available to those who are experiencing domestic abuse
or violence. It is an order granted by the court which determines who can live in the family home
or enter certain parts of it. It can also restrict the abuser from coming within a certain distance of
the home or the victim. In this article, we will discuss Occupation Orders in the UK, focusing on
emotional abuse, problems associated with obtaining an Occupation Order, and the Occupation
Order form.

Occupation Order and Emotional Abuse

Domestic violence is not limited to physical abuse; it also includes emotional abuse, which can
have a long-lasting impact on the victim's mental and emotional wellbeing. Emotional abuse can
be more difficult to prove than physical abuse, but it is just as harmful. Examples of emotional
abuse include controlling behavior, manipulation, isolation, verbal abuse, and threats.
If you are experiencing emotional abuse, an Occupation Order can be a useful tool in helping to
protect yourself and your children. It can restrict the abuser from entering your home or a certain
distance from it. This can help to create a safe space for you and your family and protect you
from further emotional abuse.

Problems with Occupation Orders

One of the main problems associated with obtaining an Occupation Order is the burden of proof.
In order to obtain an Occupation Order, the victim must provide evidence of domestic abuse.
This can be challenging in cases of emotional abuse, where the abuse is not physical and
therefore difficult to prove. However, it is important to note that emotional abuse is just as
serious as physical abuse and should not be disregarded.
Another problem with obtaining an Occupation Order is the time it takes to obtain one. The court
process can be lengthy, and in some cases, the victim may have to wait several weeks or
months before the order is granted. This can be particularly challenging for those who are in
immediate danger.

Occupation Order Form

The Occupation Order form is a legal document that must be completed in order to apply for an
Occupation Order. The form can be obtained from a court or downloaded from the government's
website. It is important to seek legal advice before completing the form to ensure that it is
completed correctly.
The form will require the victim to provide details about themselves, the abuser, and any
children that may be involved. It will also require the victim to provide details about the abuse,
including dates and times of incidents. The form will also require the victim to provide details
about the property and any financial arrangements.
Once the form has been completed, it should be submitted to the court along with any
supporting evidence. The court will then review the application and decide whether or not to
grant an occupation Order.

State Table
To provide a better understanding of Occupation Orders in the UK, the following table outlines
some key statistics:

Number of Occupation Orders granted in Percentage increase/decrease from the

Year England and Wales previous year

2018 24,385 -2%

2019 24,855 2%

2020 26,416 6%

It is important to note that these statistics only represent Occupation Orders granted in England
and Wales and do not include Scotland or Northern Ireland.

What is an occupation order in the UK?

An occupation order is a legal order issued by the court that regulates who can live in a
property, including any associated land or outbuildings. It can be used to remove an
abusive partner or family member from the home, or to restrict their access to certain
areas of the property.

What is emotional abuse?

Emotional abuse is a pattern of behavior that involves the use of words, gestures, or
other non-physical means to control, manipulate, or intimidate another person. It can
include threats, insults, humiliation, isolation, or any other behavior that undermines a
person's self-worth or dignity.

How can an occupation order help protect victims of emotional

abuse?
An occupation order can help protect victims of emotional abuse by legally enforcing
boundaries between the victim and the abuser. It can prevent the abuser from entering
the victim's home or certain parts of the property, giving the victim a safe space and
helping to break the cycle of abuse.

Who can apply for an occupation order?

An occupation order can be applied for by anyone who has a legal right to occupy a
property, including a spouse, partner, family member, or cohabitant. It can also be
applied for by someone who has been granted a tenancy or other legal right to live in the
property.

What are the criteria for granting an occupation order?

The court will only grant an occupation order if it is satisfied that the applicant or any
relevant child is likely to suffer significant harm if the order is not made. The court will
take into account all relevant circumstances, including the applicant's financial
resources and the availability of alternative accommodation.

Can an occupation order be granted without the other party's

knowledge?
No, an occupation order cannot be granted without the other party being given the
opportunity to respond to the application. The other party will have the opportunity to
attend court and make their case before any order is made.

How long does an occupation order last?

An occupation order can be made for a specified period or until further order. It can be
varied or discharged by the court at any time.

What are the consequences of breaching an occupation order?

Breaching an occupation order is a criminal offense and can result in arrest, fine, or
imprisonment. The court can also impose other penalties, such as community service
or a restraining order.

What is the process for applying for an occupation order?

The process for applying for an occupation order involves completing a form and
submitting it to the court. The form will require details of the parties involved, the
property concerned, and the reasons for the application. The court will then consider the
application and may hold a hearing to determine whether to grant the order.
Can legal aid be obtained for an occupation order application?
Legal aid may be available for an occupation order application, depending on the
applicant's financial circumstances and the strength of their case. Legal aid can cover
the costs of legal representation and advice.

Conclusion:
An occupation order can provide much-needed protection for victims of emotional
abuse in the UK. By legally enforcing boundaries and restricting the abuser's access to
the victim's property, an occupation order can help to break the cycle of abuse and
provide a safe space for the victim. It is important to seek legal advice and support if
you are experiencing emotional abuse, and to take action to protect yourself and any
children involved.