A protection order is a District Court order restraining further domestic violence and requiring good behaviour towards the protected person. As at 30 August 2026, applications still proceed under the Protection from Domestic Violence Act 1997, as amended in 2016. The Domestic Abuse Act 2026 has been enacted as the replacement but awaits Proclamation; confirm the operative position before filing rather than using its new forms or relationship test prematurely.
What the operative Act covers
The current definition is not confined to assault. It includes wounds or blows and threats of them; placing a person in fear of physical injury; intimidation, harassment, stalking, ill-treatment, insulting, brutality or cruelty; forced sexual or other conduct; confinement; harm or threats to a child; property damage; and certain deprivation of resources or rent payments.
A court application is concerned with protection from likely further conduct, whereas a police report can lead to investigation of an offence. The same message, injury or witness may be relevant to both, but the processes remain distinct. For a practical filing sequence, read how to apply for a protection order.
Who can apply for a protection order
Under the 1997 Act’s current wording, a “spouse” includes opposite-sex people who are or were civilly or religiously married, who live or lived together as husband and wife, or who have a common child whether or not they lived together. Section 3A separately permits an application against a non-spouse living under the same roof. The person must have experienced domestic violence and reasonably believe further acts are likely.
An Enforcement Officer may apply on a victim’s behalf with consent and, under the 2016 amendment, may apply without consent if the victim is unable to give it. The Domestic Abuse Act 2026 will use a wider “related person” category—including a broader range of intimate, household and family relationships—but that future category cannot be treated as the current eligibility rule until Proclamation.
What a protection order can prohibit
The District Court may prohibit the respondent from being at the protected person’s home, workplace or another specified place; approaching within a set distance; contacting, harassing, threatening or intimidating; damaging property; or causing someone else to carry out prohibited contact or damage. The order may instead set conditions for necessary presence or contact, including contact concerning a child.
Precision matters. Suppose a nurse in Curepipe works shifts and a former partner repeatedly waits by the staff entrance and sends messages through a colleague. The application should identify the workplace, the indirect messages and the protection needed; a general account of “trouble” does not give the court the same information. The final wording should then be read literally by both parties.
Interim and urgent applications
Where sworn information shows a serious risk of harm before the respondent can be heard and circumstances justify immediate intervention, the current Act permits an interim protection order. The court may also direct police protection until service or for a period justified by the circumstances. The District Clerk then takes steps to serve the interim order and summon the respondent.
For an ordinary application, the operative statute says the notice date must be no later than 14 days after application. That is a statutory first-stage window, not a promise that a contested case will finish within two weeks. Service, evidence, representation and adjournments may affect the final determination. In immediate danger, call 999 or 112 instead of waiting at a registry.
How long an order lasts
A final protection order under the current Act may remain in force for a period specified by the court, up to 24 months. Different prohibitions within the order may carry different periods, none exceeding that maximum. An interim order ordinarily remains in force until the court finally determines the application unless the court directs otherwise.
Either party may apply to vary or revoke a current order. A private apology, resumed cohabitation or agreement to exchange belongings does not change the sealed terms. If circumstances change, return to court through the correct procedure; do not create a contradiction between an informal arrangement and a live no-contact condition.
Enforcement and the police role
Wilful non-compliance with an interim, protection, occupation, tenancy or ancillary order is an offence. The 2016 amendment permits arrest in specified circumstances and requires police to act diligently when an offence under the Act is reported. Give officers the order, identify the exact term and preserve the relevant original communication or witness details.
The current breach maxima differ from the uncommenced 2026 Act: under present law, a first conviction can bring a maximum Rs 50,000 fine and one year’s imprisonment, a second Rs 100,000 and two years, and a third or later conviction up to five years. The response steps and evidence are covered in reporting an order breach.
Combining protection with divorce, custody or home orders
A protection order does not dissolve a marriage, transfer property or finally determine custody. The current Act provides separate occupation and tenancy orders for home safety; divorce and provisional matrimonial measures belong to the Supreme Court. Existing custody or contact terms may need urgent reconsideration if they require direct contact that a later protection order prohibits.
Tell each court and lawyer about every live order and next hearing. A school, landlord or employer should receive only the information reasonably needed to implement the relevant safety term. See the distinction between home-occupation orders and the wider effects discussed in domestic violence during divorce.
Frequently asked questions
Who counts as a family member under the Act?
The current 1997 Act uses a defined “spouse” category and separately covers a non-spouse living under the same roof for protection orders; it does not use the 2026 Act’s broad “related person” test. The wider 2026 category is enacted but was not yet operative in late August, so confirm the relationship route before filing.
How quickly can I get a protection order?
An interim order may be considered where sworn facts show a serious risk of harm before the respondent is heard. For an ordinary current-law application, the notice must specify a court date no later than 14 days from filing, but service and a contested hearing mean no responsible adviser can promise final resolution by a fixed date.
Does a protection order create a criminal record?
The making of a protection order is not itself a criminal conviction. Wilfully breaching it is a separate offence, and a conviction for that offence forms part of the criminal process.
How Lex Aquila Advocates can help
Lex Aquila Advocates can settle the affidavit, identify workable no-contact or premises terms and represent a party at the interim or contested hearing. The chambers can also coordinate the order with custody, occupation or divorce work through its family law and divorce practice. For a prompt document review, use use the enquiry form; enquire on WhatsApp; or call +230 5858 7956 · urgent matters.
This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.