Occupation orders

[Racmactac]

Any lawyers that have detailed knowledge of occupation orders around ?

There are a number of us.

Have you dealt with occupation orders where there has been no violence?

How successful ?

Yes, but it completely depends on the circumstances. All of them.

It's not the norm.

Can I pm you ?

Definitely not the norm, but it's certainly possible. It's all down to the balance of harm test, and which section of the Family Law Act is used.

My solicitor has just suggested to go for Occupation Order for the emotional abuse that I have received over the last year and especially since I served a divorce on him, this has caused a lot of stress and serious weight loss I could have done without.

We'll see how it goes!

I had one where the wife had a serious illness. All her allegations against H were non-fault based. Basically she hated him, but that exacerbated her illness. He was not at fault. In fact, his practical support had kept her alive. He agreed to stay away, as we accepted that the court might well rule against him over the balance of harm test. There must be a real risk of harm though. As FLS says, it's very fact specific.