Victims of domestic abuse should gather as much evidence as possible to support their case if they wish to apply for an occupation order.
Occupation orders are a type of injunction used to provide victims of domestic abuse with protection from their abuser and a safe place for them and their children to live.
If you meet the eligibility criteria to apply for an occupation order, then you will be required to gather as much evidence as possible to submit with your application. The more evidence you have, the better your chance of being granted an order.
Evidence may include:
Sworn statement
You will be required to write a sworn statement (sometimes called an affidavit) detailing the abuse that you have been subjected to and the effects that it has had on you and any children involved.
Although it may be painful and upsetting to recall events in detail, the more detailed and precise you can be, the better. If you know the dates and times that any of the incidents took place, then it is beneficial to record these in your statement.
Details about past events
Details about any past incidents should also be given as these can be useful in providing context to your case.
Independent evidence
If you can obtain any professional independent evidence like medical or police reports, then these will also strengthen your case.
The court will use the evidence you provide, and a ‘balance of harm’ and ‘core criteria’ test to consider the circumstances of your case in detail and the effects that an order would have on the health, wellbeing and safety of all parties involved.
If you require help, support, or legal advice relating to domestic abuseor occupation orders, please give our team of family law specialists here at Lund Bennett a call on 0161 927 3118.