Getting an abuser out of your home – legally
When the person hurting you shares your home, the lawful way to make them leave is usually an occupation order from the Family Court. It can order them out, stop them coming back and keep them away from the surrounding area – even when their name is on the tenancy or deeds.
In danger right now? Call 999. The police can remove someone immediately and may issue a notice banning them from the home. You can then apply for an occupation order for longer-term protection.
Why not just change the locks?
Take care. If the other person owns or rents the home with you, or you're married or civil partners, they will usually have a legal right to live there. Locking them out without an order can cause legal problems and inflame the situation. If the home is solely yours and they have no right to be there, things may be different – but get advice first.
An occupation order gives you legal backing, so the police can step in if they try to return.
Immediate protection from the police
When called to an incident, officers can:
- arrest the abuser
- issue a protection notice banning them from the home, usually for 48 hours
- apply to the magistrates for an order lasting up to 28 days
Use that time to apply for an occupation order.
The long-term answer: an occupation order
You ask for it on form FL401 – the same form as a non-molestation order, and most people request both together. There's no fee.
What it can do
- require the other person to leave
- prevent them returning
- shut them out of part of the home
- keep them away from a defined area, such as your street
- let you back in if you were forced out
- in some cases, decide who pays the rent, mortgage or bills
How the judge decides – the balance of harm
The court considers:
- each person's – and the children's – housing needs and resources
- each person's income and finances
- the likely effect on everyone's health, safety and well-being, particularly the children's
- how each of you has behaved
It then asks whether you or the children are likely to suffer significant harm caused by the other person if no order is made. If so, it must make an order unless the other person or a child would suffer greater harm if it did.
That's why our questionnaire asks about:
- incomes – who could afford to live elsewhere
- somewhere else to stay – whether the other person has family or another property
- an adapted home – needed because of a disability
- schools – how far a move would take the children
- children's needs – anything that would make moving particularly hard
How long it lasts
That depends on your rights to the home:
- If you own or rent it, or are married to or in a civil partnership with the other person, the order can last for a set period or until further order.
- If you don't have those rights, it lasts up to six months – usually extendable once if you lived together as a couple, or more than once if you were married or civil partners.
If they own the property
You can still apply. Married people and civil partners usually have "home rights" to live there. Unmarried, you may still get an order, especially if you lived there together as a couple – the court looks at how long the relationship lasted and whether you have children together.
If you've already left
You can apply to get back in and have the other person removed. Apply as soon as you can – delay can count against you.
Emergency occupation orders
Courts are cautious about removing someone without notice, but will do it where there's a genuine risk of significant harm. More often the judge makes an immediate non-molestation order and lists the occupation order for a quick hearing with both of you present.
How we help
We draft your FL401 and witness statement – including the balance-of-harm details – from a short questionnaire, free. Begin your free application.
Can an occupation order remove someone from a council or housing association home?
It decides who can live there for now; it doesn't change whose name is on the tenancy. Speak to your landlord as well – many have domestic abuse policies and can help with a tenancy change.
Will they have to go the same day?
They must leave by the time the order says, once they've been served or if they were at the hearing. If they won't, call the police – breaking an occupation order can lead to arrest.
Let us draft your court papers – free
Tell us what has been happening, in your own words. We write up your FL401 application and supporting statement at no cost, then explain how to sign them and get them to the Family Court. The court charges nothing either.