Overturning an Occupation Order
April 2025
An occupation order is a legal order issued by the Family Court that determines who has the right to live in the family home in relationship breakdowns involving domestic violence. If an occupation order has been issued against you and you believe it was made in error or that your circumstances have changed, it may be possible to apply to have the order overturned, varied, or discharged. This process can be complicated, so it is essential to understand the legal steps involved and seek professional advice.
This summary provides general information and does not constitute legal advice on any individual circumstances.
An occupation order is a legal decision made by the Family Court that dictates who can live in the property in question. It may exclude one party from the home and can place restrictions on their contact with the property. Occupation orders are granted when there is a concern for safety or welfare, and are designed to protect individuals from harm.
As a protective order, the court considers various factors, such as the potential risk of harm and the welfare of children, when making its decision. The length of the order will depend on the circumstances of the case.
Can You Overturn an Occupation Order?
It is possible to overturn an occupation order, but whether this is the best course (or if a variation or discharge would instead be more applicable) will depend on whether the order was correct at the time it was made, but is no longer appropriate, or if it was made incorrectly in the first place.
If you believe that it was made incorrectly, then you can appeal to a higher level court to review the decision at the time the order is made. If you can prove that the court has misapplied the law, for example, this may lead to the order being overturned.
If you are not arguing that the order was incorrectly made at the time, but feel that the circumstances have changed since it was issued, you can instead apply to the court that made the order to vary it. If you can prove that the order is no longer appropriate, in whole or in part, this may lead to the court agreeing to vary some of its terms, or even to discharge (that is, set aside) the order entirely.
Changes in personal circumstances, such as a shift in living arrangements, the resolution of any issues that led to the order, or the emergence of new evidence, can all be valid grounds for seeking a variation or discharge of the order.
What Factors Will the Court Consider?
Overturning, varying, or discharging an occupation order is not always straightforward, and the court will consider several key factors. The primary consideration is always the safety and welfare of the individuals involved, particularly any children.
If the individual is seeking to vary or discharge the order, the court will assess whether there has been a significant change in circumstances since it was made. The court will need to assess whether the individual in question no longer poses harm to the party protected by the order, and so it can be safely varied, or discharged entirely.
If the individual is seeking to overturn the order by appeal, they will need to prove that the original judge's decision was made in error, such as failing to give due account to certain evidence, or misapplying the law, meaning that the order shouldn’t have been made on those terms, or at all.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
