Occupation Orders Be Made in Emergency Situations
Designed to protect people in emergency situations, occupation orders are short-term legal directives allowing one person or family to stay in their home while arrangements for long-term living are being put in place. The court will weigh up a number of factors when considering an application including the threat of harm to you and any children, the housing needs and resources of both parties and whether there is access to alternative accommodation.
The order can also include specific terms to dictate who lives in which parts of the property and what usage each party can have. It can prevent someone from entering a particular area or address entirely. It can exclude them from living in the family home for a set period of time and stipulate what areas they can use. It can also set out who is responsible for paying the rent or mortgage and what responsibilities they have in relation to the property.
The application must be made to the High Court using Form FL401 and lodged within 24 hours in an emergency. There is no fee payable for making an application. There are also other less formal ways to apply for an order such as by letter or email.
Both parties must be considered ‘associated’ with each other to be eligible to receive an occupation orders. This includes spouses or civil partners, cohabitees, relatives and people who have had an intimate relationship of significant duration. Applicants must have a right to occupy the property in question, for example they must be the sole or joint owner or have’matrimonial rights’ from a marriage or civil partnership that has ended. Alternatively they must be entitled to occupy the property under a tenancy agreement or have rights arising from a divorce or dissolution of a civil partnership.
Can Occupation Orders Be Made in Emergency Situations?
Those who breach the terms of an occupation order may be liable to imprisonment and a fine if it has been attached with a power of arrest. However, a breach does not necessarily mean that the offending party has committed a criminal offence and this will depend on the evidence available.
The complexities and sensitive nature of these types of cases demand expert evaluation. A specialist family law solicitor can advise you of your options and recommend the best course of action for you and your circumstances. They can also consider less adversarial and cost effective options such as mediation and non-molestation orders that are designed to prohibit certain behaviours without altering living arrangements. These are often granted more readily by the courts and, in some instances, can be issued without the other party being aware (known as ‘without notice’ or ‘ex parte’ orders).
In Japan, after its surrender in 1945, the United States took the lead in issuing occupation orders under the command of General Douglas MacArthur. The U.S. occupation focused on demilitarization, democratization, and economic reform. Orders were issued to dissolve Japan’s militaristic government structures, reform its legal system, and initiate land reforms that redistributed property to the peasantry. These occupation orders also helped Japan transition into a constitutional democracy with the promulgation of a new constitution in 1947.