This is not legal advice. This guide is general legal information for Mauritius and does not replace a consultation with a lawyer who has the full context of your case.
A protection order is a District Court order restraining further domestic violence and requiring good behaviour towards the protected person. The Domestic Abuse Act 2026 has been in force since 14 September 2026 and replaced the Protection from Domestic Violence Act 1997, as amended in 2016. Applications now proceed under the 2026 Act’s protection-order provisions and its wider related-person test.
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 Domestic Abuse Act 2026, eligibility turns on the wider “related person” test. This covers a spouse or civil partner, a person in a marriage-like, engagement or intimate personal relationship with the aggrieved person regardless of cohabitation, a co-parent, someone sharing the same household, or a family member. This replaces the 1997 Act’s narrower “spouse” category (formerly opposite-sex married or cohabiting couples, plus a section 3A same-roof applicant). The person must have experienced domestic abuse and reasonably believe further acts are likely.
An enforcement officer may apply on the victim’s behalf with consent, or without consent where the victim is unable to give it. An enforcement officer may also apply for an interim order through technological means where there is an immediate risk, lodging the original application with the court by the next working day.
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 2026 Act says the notice date must be no later than 7 days after application. That is a statutory first-stage window, not a promise that a contested case will finish within a week. 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, exclusion or ancillary order is an offence. Section 29 lets a police officer of Assistant Superintendent rank or above arrest without a warrant where injury has resulted or there are reasonable grounds to suspect an offence. It also requires police to record the complaint and enquire promptly. Give officers the order, identify the exact term and preserve the relevant original communication or witness details.
Breach penalties escalate under section 39 of the 2026 Act, rising from a fine and imprisonment on a first conviction to penal servitude for a third or later conviction. 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 2026 Act provides a separate exclusion order (formerly the 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.
Two guides that follow on from this one: Protection from domestic abuse for expats in Mauritius and Urgent child protection for a foreign parent in Mauritius.
Frequently asked questions
Who counts as a family member under the Act?
The Domestic Abuse Act 2026 is now in force and applies a broad “related person” test, covering spouses, cohabiting or intimate partners, co-parents, same-household residents and family members. This replaced the 1997 Act’s narrower “spouse” category, formerly used for protection-order applications.
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 application under the 2026 Act, the notice must specify a court date no later than 7 days from filing. 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.
The initial consultation is a fixed-fee conference, confirmed in writing when the appointment is made.
This is not legal advice. This guide is general legal information for Mauritius and does not replace a consultation with a lawyer who has the full context of your case.