Family Violence Act 2018, ss 115–120
An occupation order gives you the exclusive right to live in a property that either you or the other person (the respondent) owns or has a legal interest in. The effect of the order is that the other person has to move out, even if they’re the sole owner. You can get an occupation order even if already you’ve moved out of the property.
The judge needs to be satisfied that the order is necessary to protect you (the applicant), or that the order is in the best interests of a child of your family.
When deciding whether to make the order the judge must consider the reasonable accommodation needs of everyone who might be affected by the order.
Note: Although the Family Court can make an Occupation Order for any length of time, these orders are usually temporary only, to give both of you (both the applicant and the respondent) time to sort out where you’ll live and how you’ll divide your property.