No.53 Legal Limited

Licensed Body Law Firm (ABS)

No.53 Legal Limited

Licensed Body Law Firm (ABS)

Occupation Orders

By Lea_NSWPosted on Posted in Abuse & InjunctionsNo Comments on Occupation Orders

Occupation Orders

Broken house

Securing Safety and Housing Rights

An occupation order is a type of injunction issued by the Family Court under the Family Law Act 1996. It regulates who can live in, enter, or be excluded from a family home, often in situations involving domestic abuse, relationship breakdown, or disputes over shared property.

Who Can Apply

You may apply if you are an “associated person” with the respondent, including:

A current or former spouse or civil partner
A cohabitant or former cohabitant
Someone engaged to be married or in a civil partnership
A parent of a shared child
A relative or someone with a close personal relationship
You must also have a legal or beneficial interest in the property, or matrimonial home rights

What the Order Can Do

An occupation order can:

Exclude someone from the home entirely
Restrict access to certain areas or times
Enforce the right to remain in the property
Prevent harassment or threats within the home
Protect children and vulnerable adults from harm

Legal Tests and Court Considerations

The court applies the balance of harm test:

Will the applicant or child suffer significant harm if the order is not made?
Will the respondent or child suffer greater harm if the order is made?
If the applicant’s harm outweighs the respondent’s, the court must issue the order.

Even if the test isn’t met, the court may still grant the order based on:

Housing needs and resources
Financial circumstances
Health, safety and wellbeing of all parties
Conduct of both parties

Types of Occupation Orders

The Family Law Act provides different sections depending on the applicant’s status:

S33: for those entitled to occupy (e.g. owners or tenants)
s25-38: for ex partners, cohabitants, or those without legal entitlement

Duration and Enforcement

Orders may last up to 6 months and are extendable
Breach may lead to arrest if a power of arrest is attached to the order
Without a power of arrest, the applicant must apply for a warrant

Advice

Gather strong evidence: photos, messages, police reports
Seek legal advice as soon as possible: legal aid may be available
Consider whether a combined NMO/OO is necessary for broader protection.

Contact Us

Occupation Orders

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