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 application in Mauritius is made under the Domestic Abuse Act 2026, in force since 14 September 2026, to the District Court for the area where the person needing protection lives. The application sets out domestic abuse already experienced and why further acts are reasonably feared; urgent sworn facts can support an interim order before the respondent is heard. The Act replaced the Protection from Domestic Violence Act 1997.
Before you apply: safety and evidence
Use 999 or 112 during immediate danger and obtain medical care according to injury or symptoms. The application can be prepared once the person is safe. Preserve existing messages, original recordings, photographs, medical material, police references and witness details, but do not contact the respondent to obtain an admission or return to an unsafe address for paperwork.
Write a dated sequence that distinguishes the latest incident from earlier conduct. For each event, identify who was present, the words or actions relied on, injury or property damage, and the supporting file. The court needs to understand both past domestic violence and the basis for fearing further acts; a bundle without that link is harder to use.
Reporting to the Police Family Protection Unit
The Police Family Protection Unit registers complaints, assists with protection and exclusion orders, helps arrange shelter placement and refers victims to psychological, legal or social services. Any immediate offence may also be reported through an ordinary police emergency response. Give officers an existing order, information about children and any urgent medical need.
A police complaint and a protection application are related but not identical. The current Act allows a victim to apply to the District Court and also permits an Enforcement Officer to apply on the victim’s behalf in defined circumstances. Do not assume that recording a complaint automatically lodges the court form; ask what has actually been filed and retain a copy.
Where the application is filed
The operative definition of “Court” is the District Court for the area where the person for whose benefit the order is sought lives. Bring identification and reliable proof of the current address if available, especially after emergency relocation. The court—not the Supreme Court divorce registry—deals with this protection-order application.
The Domestic Abuse Act 2026 uses a wider venue rule linked to residence, work, relocation and, in some cases, where a child witnessed abuse. If a person has moved between districts or keeps the safe address confidential, obtain current registry guidance on the correct District Court.
Completing the application and affidavit
The application uses the form set out in the First Schedule to the Domestic Abuse Act 2026, covering any related person rather than separate forms for a spouse and a non-spouse. The sworn account should use facts rather than diagnoses or slogans: identify the relationship, conduct, dates, reason for anticipating repetition and the order requested. Check names, addresses and dates against source documents before swearing.
An enforcement officer may, with the victim’s consent, make the application and swear an affidavit reciting the relied-on facts, or apply without consent under section 28 where the victim is unable to give it. An application may also be made through technological means where there is an immediate risk. Legal and documentation support is available through Family Support Services; a barrister is useful where eligibility, disputed evidence or parallel proceedings are complex.
What happens at the first hearing
Ordinarily, the court serves notice requiring the respondent to show cause, with a date no later than 7 days from application under section 7 of the Domestic Abuse Act 2026. Where the court is satisfied on oath that serious harm may occur before the application is heard and immediate intervention is justified, it may issue an interim protection order and, where appropriate, direct police protection.
The hearing is in camera. Take a clean copy of the application, evidence and any existing custody or home order, and arrive in time to tell the registry about a safety concern. A statutory notice window does not ensure a contested final order on that date; availability of service, evidence and representation can affect the sequence.
Serving the order on the respondent
When an interim order is issued, the District Clerk must take steps to have a copy served and summon the respondent to show cause why it should not be confirmed, varied or discharged. Do not personally deliver the order or arrange a meeting if contact creates a safety risk. Keep the sealed copy and record supplied by the registry.
Read every term: an order may regulate premises, distance, contact, harassment, threats, property damage and indirect conduct. Give a copy only to a person who needs it to implement safety, such as police responding to a breach or, where relevant, a school or employer. The broader overview at protection orders in Mauritius explains these possible terms.
What to do if the order is breached
Move to safety and report the alleged breach to police with the sealed order. Identify the paragraph broken and preserve the complete message, recording or witness details. Wilful non-compliance is an offence under the current Act; an informal apology or agreement does not revoke the court’s direction.
For example, if an order prohibits approach within a stated distance and the respondent attends a named workplace, record the location, time, witnesses and any available CCTV rather than confronting the person. Follow the detailed breach-reporting steps. If safe occupation of the home is also in issue, ask whether an occupation or tenancy order is the correct additional remedy, and prepare for any legal meeting using our first-consultation checklist.
Related guides: Protection from domestic abuse for expats in Mauritius and Mauritius community property and a family business.
Frequently asked questions
Do I need a lawyer to apply for a protection order?
The current Act permits the victim to apply in the prescribed form and allows an Enforcement Officer to apply on the victim’s behalf in defined circumstances. A lawyer is not the only route to filing, but advice is valuable where relationship eligibility, evidence, occupation or linked custody and divorce proceedings are disputed.
What evidence do I need for a protection order?
The core evidence is a truthful sworn account of the domestic violence and why further acts are feared. Supporting messages, medical material, photographs, police references, recordings and witnesses can assist, but seek urgent protection without putting yourself at risk to complete a perfect bundle.
Can I apply on behalf of my child?
Do not assume that an adult may simply use the ordinary form in a child’s name. The correct route depends on the relationship, who experienced the conduct and whether Children’s Act protection is also required; contact police or child-protection hotline 113 where a child is at risk. The Domestic Abuse Act 2026 now covers a child who is exposed to, or witnesses, domestic abuse against the aggrieved person.
How Lex Aquila Advocates can help
Lex Aquila Advocates can identify the correct current form, draft the factual affidavit and present the urgent and final relief sought, including coordination with a home or child application. Representation is available through the family law and divorce practice. Send the chronology and available order papers via 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.