Occupation orders — a plain-English guide to who lives in the family home

Who this is for. If you are experiencing domestic abuse or are afraid of harm, and the question of who gets to live in (and enter) the family home is a live concern, this guide explains what an occupation order is and how it works. It is written for England and Wales, in plain English, and is intended to be used alongside — not instead of — the government's own guidance and, where you can, specialist advice. If you are in danger, your safety comes first: call 999 now if you are in immediate danger, and reach Refuge's 24/7 helpline below.

REVIEWED BY: Sean McNamara on 2026-08-27

If you are in danger, act now — safety leaders

If you are in immediate danger, call 999 now.

Refuge National Domestic Abuse Helpline — 0808 2000 247 — free, confidential, open 24 hours a day, 7 days a week. Trained people who believe you and can help you plan next steps. (National Domestic Abuse Helpline, run by Refuge.)
Women's Aid — national charity supporting survivors of domestic abuse, with information, a live chat and a directory of local services. womensaid.org.uk
Men's Advice Line — specialist support for male victims of abuse: mensadviceline.org.uk, 0808 8010 327.
Emergency services: 999 in an emergency; 101 for non-emergency police matters.

Use a safe device. If the person harming you can access your phone, laptop or shared accounts, they may be able to see your calls, messages and the sites you visit — including this guide. If there is any chance your device is monitored, use one you know is safe (a friend's or family member's device, a library or work computer), and consider Refuge's "cover your tracks" guidance before you search. Protecting your privacy is part of protecting your safety.

What an occupation order is

An occupation order is a court order, made under Part IV of the Family Law Act 1996, that decides who can live in the family home — and the area immediately around it — and sets out how the home is to be used and regulated.

Where a non-molestation order tells a person how to behave around you (not to threaten, harass or harm you), an occupation order controls the physical space: who lives there, who can enter, and who must leave or stay away. In practice the court can order that a person:

leave the family home, including the surrounding area, for a set period;
not enter the home or anywhere within a defined distance of it;
stay away from defined parts of a shared home; or
allow the other person back into the home.

The exact terms are written into the order and depend on the facts of the case. An occupation order has a start and end date — it does not last forever, and there is no fee to apply. Because who lives where is such a serious thing to decide, the court applies a higher threshold (the "balance of harm" test — see below) before it will make one.

When an occupation order may be sought

An occupation order is usually sought in the context of domestic abuse or a real risk of harm. It addresses the situation where living under the same roof is unsafe — where the other person's presence, or the threat of them returning, places you or a child at serious risk. Common situations include:

You are being abused (physically, emotionally, psychologically, sexually, or economically) and do not feel safe living with — or living alongside — the other person.
The other person has left or been removed, and you need the order to keep them away from the home so you and any children are protected.
There is coercive or controlling behaviour that makes the home feel unsafe, even without physical violence.
You need to secure the right to return to and stay in the home rather than be forced out.

You can apply where you have a defined legal interest in or connection to the home (broadly, those with a marriage or civil partnership, or who otherwise live together as partners). The court also considers the effect on any children — their welfare is a central factor. Every case is decided on its own facts, and the court expects a clear, dated account of why you need this level of protection.

How an occupation order fits with a non-molestation order

Occupation orders and non-molestation orders are two different tools that often come together, and both are applied for on the same application form.

A non-molestation order (FL401-A) is the order that stops abuse: it orders the other person not to molest, harass, threaten or contact you or a child. Breaching it is a criminal offence — the police can arrest the person named in it.
An occupation order (FL401-B) is the order about the home: it decides who lives there, who may enter, and who must stay away from the premises and the surrounding area.

Many FL401 applications ask for both — and a common combination is a non-molestation order (don't contact or come near me) plus an occupation order (don't come into or live in the home). The occupation order gives the non-molestation order practical force in the home, and the home-specific boundaries protect you where you actually live.

There is a single no-fee application form and the court can consider both requests together. The main difference is the test the court applies: an occupation order needs the "balance of harm" test to be met (below), which is a more demanding test than the reasonable-fear-and-harm test used for a non-molestation order.

The "balance of harm" test

When deciding whether to make an occupation order, the law applies a specific two-stage test (in section 33 of the Family Law Act 1996):

1. First, is there a "significant risk of harm"? The court asks whether, if it does not make an order, there is a significant risk of harm coming to you or a relevant child. "Harm" here is broad — it includes physical harm but also serious ill-treatment and the impact of fearing the other person.

2. Then, the "balance of harm" test. If that risk exists, the court must consider whether you or a relevant child would suffer greater harm from the order not being made than the other person would suffer from the order being made. In plain terms: which option causes less harm overall? If the risk to you or the child outweighs the impact on the other person, the court should make the order.

Importantly, where both a relevant person and a child face risk, the child's welfare (including their physical, emotional and educational needs) is a paramount consideration in how that balance is struck. There is also a "children question" the court must answer about who has (or can) care for any child, and the court can make orders to help when an order is refused or delayed. Occupation orders also come with an automatic power of arrest in many cases and can include a power of arrest attached to a non-molestation order.

The practical message: because the test turns on comparing harm, it is important to set out clearly the harm you and your children would face if the other person stays in or returns to the home — the more concrete and evidence-based you can be, the stronger the position.

Getting the application and where to find help

The official government guide — which sets out who can apply, the forms to use, and how an injunction protects you — is at:

gov.uk/injunction-domestic-violence — "Get an injunction if you've been the victim of domestic abuse."

There is no fee to apply. You can apply on your own as a "litigant in person," but you do not have to: in domestic-abuse cases the domestic-abuse lawyer gateway may make you eligible for legal aid, and a specialist family-law solicitor, Refuge, Women's Aid, Citizens Advice or the Men's Advice Line can help you prepare a strong application and understand which order fits your situation. In urgent cases (risk of immediate harm) the court can deal with an application without notice — before the other person is told — but a later hearing is then held so they can respond.

Not legal advice

This guide is general information to help you understand your options. It is not legal advice, and it does not create a solicitor–client relationship. The law is applied to the specific facts of each case, and that is a job for a qualified family-law professional. For tailored help, contact RNLegal for yourself or call Refuge (0808 2000 247), Women's Aid, Citizens Advice or the Men's Advice Line.

Independent guidance

This page is independent. It is not written, funded or controlled by the family courts, the Ministry of Justice, or any legal-aid provider, and it contains no paid-for endorsement. It is produced solely to help people understand family-court processes in plain English.

Last updated 27 August 2026 · Reviewed by Sean McNamara · © Your Family Case. See gov.uk for the current official guidance.