Injunction: Occupation Order
What is an injunction?
Someone may apply for an ‘injunction’ if they have been a domestic abuse victim.
There are two types of injunction orders:
Non-Molestation Orders – these protect your child or you (or both) from being threatened or even hurt by the abuser
Occupation Order – these determine who may reside in the family home or enter the nearby and surrounding area
If the individual named in the injunction breaks the order, they can be arrested. This page contains details for applying for an Occupation Order.
How can I apply for an injunction order?
1) One can apply for an injunction order online using the appropriate form.
2) Alternatively if you intend to apply for an injunction by post or email you are required to check if you are eligible to be able to apply for an occupation order (detailed further below in this page).
3) With the correct form, FL401, you must write a witness statement order telling the court what has happened and ask for the relevant order. You must also write a statement of truth and sign and date this.
4) You can use form C8 if you wish to keep your address and number private.
5) Make two copies, then email or post these documents to a nearby court which deals with domestic abuse cases.
6) There will then be a court hearing – either by phone call, due to Covid-19, or face-to-face.
How can I apply for an emergency order?
In the circumstance that you need protection immediately, you must detail so in your application and ask for an emergency order.
It is not necessary to tell the other party that you’re applying against – which is why such orders are known as ‘without notice’ or ‘ex-parte’ orders.
After your application, the court will hold a hearing which you are required to attend – the order may be made at this hearing. Once the order is issued, you must inform the other party.
Can I apply for an injunction order if I am under 18?
Someone under sixteen wishing to apply for an injunction is required to get permission from the High Court first.
If you are someone who is sixteen or seventeen, you have to appoint a litigation friend to represent you in court – your litigation friend must be 18+.
What should I do after my application?
After you have applied for an injunction you have to arrange for the other party to be made aware of the application – do not do this yourself.
A notice of proceedings will also be given to you, informing you of the date of the court hearing.
Eligibility to Apply for an Occupation Order
You can apply for an Occupation Order if you are a victim of domestic abuse and:
You rent / own the house / residence, and it was intended to be shared with the other party
You do not rent / own the house / residence, but you’re in a civil partnership / married with the person who does, and you are living in the house (matrimonial home rights)
Your former partner rented / owned a house that is / was intended to be you and your partner’s shared matrimonial home.
What is an 'On Paper' order?
In the circumstance that
You are in self-isolation due to Covid-19
You live with the other party (who you are filing the injunction order against)
The Judge may make a decision without a hearing – this can also be called an ‘on paper’ order.
After the hearing
You need to plan for the order to be ‘served’ to the other party / respondent (the person you are filing the injunction order against).
This means you must make sure they receive a copy of the order in person – do not give them a copy of the order yourself.
At Court Help Limited we can help you with through the whole process and help you file your applications.