When a relationship breaks down, it can be messy—and sometimes, unsafe. If verbal abuse is making it impossible to keep living under the same roof, you may be able to ask the Family Court for what’s called an exclusive occupancy order. This legal order allows one person to stay in the home and requires the other to leave, even if both parties legally own or rent the property.

This article explains how these orders work, what the law says, and what steps you can take if you’re in this situation.

What Is an Exclusive Occupancy Order?

An exclusive occupancy order gives one person the legal right to stay in the family home while stopping the other from entering or living there. It doesn’t change who owns the property—it just decides who can live there during a separation.

Courts grant these orders in situations where sharing the home becomes emotionally or psychologically unsafe—especially when verbal abuse, threats, or coercive control are involved.

Legal Grounds: Section 114(1) of the Family Law Act 1975

The Family Law Act gives courts the power to issue injunctions, including:

• • Exclusive Occupancy Orders – Allowing one person to remain in the home

• • Exclusion Orders – Preventing the other person from accessing the property

• • Restraining Orders – Stopping ongoing harassment or threats

Although physical violence is easier to prove, verbal abuse—such as constant yelling, belittling, intimidation, or emotional manipulation—can also be enough for the court to act if it creates an unsafe living situation.

Real-Life Example

Emily and Mark owned their family home together in Sydney. After separation, Mark refused to leave. He didn’t hit Emily, but he shouted, insulted, and intimidated her daily. Emily felt anxious and unsafe. She applied for an exclusive occupancy order, submitting her diary entries, screenshots of abusive messages, and a note from her psychologist. The court found the verbal abuse made co-living untenable and ordered Mark to move out.

How to Apply for Exclusive Use of the Family Home

Step 1: Gather Your Evidence

You’ll need to show the court that living together is no longer safe. Examples of evidence include:

• • A sworn affidavit describing incidents of verbal abuse

• • Screenshots of text messages, emails, or social media abuse

• • Witness statements from friends, family, or support workers

• • Reports from a GP, psychologist, or counsellor

• • Police reports (if applicable)

Even if there’s no physical violence, intimidation, emotional abuse, or controlling behaviour can be grounds for an order.

Step 2: File Your Court Application

• • Submit an Initiating Application to the Federal Circuit and Family Court of Australia

• • Attach your Affidavit and supporting documents

• • The other party will be served with the documents and have a chance to respond

Urgent interim orders can also be requested if immediate protection is needed.

Step 3: Attend the Court Hearing

At the hearing, a judge will look at:

• • The severity and pattern of abuse

• • The impact on your emotional wellbeing

• • Any children living in the home

• • Whether the other person has access to alternative housing

• • Financial matters, including who pays rent or the mortgage

What Happens If the Order Is Granted?

If the court grants exclusive occupancy:

• • The other person must move out by a set date

• • Police may help enforce the order if needed

• • You may be protected from harassment under additional restraining conditions

The order stays in place until further court decisions are made on divorce, parenting, or property settlement.

What the Court Takes Into Account

When deciding whether to grant the order, the court considers:

• • The emotional and mental wellbeing of the person applying

• • Whether children are involved and their safety

• • The severity and frequency of verbal abuse

• • Whether the other party can afford to live elsewhere

• • Any existing Domestic Violence Orders (DVOs)

Other Legal Options If  Verbal Abuse Escalates

If the verbal abuse becomes threatening, coercive, or persistent, you can also apply for:

• • A Family Violence Order (FVO) or Apprehended Domestic Violence Order (ADVO) in NSW

• • A restraining injunction under family law

• • Urgent interim protection through the court

Final Thoughts

You don’t have to wait until things get physical. Verbal abuse is real, damaging, and taken seriously under Australian family law. If you’re feeling unsafe, applying for an exclusive occupancy order might be the right step to protect yourself and your children.

It’s not about who owns the house—it’s about having a safe, peaceful space to move forward.