Occupation Orders and Tenancy Orders in Domestic Violence Cases

Under the law currently in force in Mauritius, an occupation order can give an abused spouse exclusive use of an owned residence, while a tenancy order can vest the tenancy of a rented dwelling in that spouse. These remedies operate under the Protection from Domestic Violence Act 1997 and address safety and occupation, not final ownership. The Domestic Abuse Act 2026 will replace them with an exclusion-order framework only after Proclamation; confirm the operative position before filing.

What an occupation order does

Section 4 of the current Act applies where a victim reasonably believes a spouse is likely to commit further domestic violence and seeks the exclusive right to live in a residence belonging to either or both. The District Court must be satisfied that the order is necessary to protect the aggrieved spouse or child and is in the family’s best interests. A final occupation order may last up to 24 months.

The deed can therefore be solely in the respondent spouse’s name without making the remedy conceptually impossible. The order regulates who may occupy the residence for protection; it does not insert the applicant on the deed, divide matrimonial property or extinguish a mortgage. Those questions remain for the appropriate property or matrimonial process.

What a tenancy order does

A tenancy order concerns a dwelling already rented as the residence. On taking effect, the aggrieved spouse is deemed to become the tenant on the lease terms in force. Unless the court orders otherwise, the person who was contractually responsible for rent before the order continues to bear that responsibility.

This is different from an occupation order over an owned home. Produce the lease, rent receipts, landlord’s details and any notice to quit so the court can see the actual legal relationship. Before a permanent order affecting property is made, a person with an affected interest must receive notice and may be heard; the landlord is not invisible to the proceeding.

Who can apply and against whom

The present occupation and tenancy provisions are framed for a “spouse”, which the 2016 definition limits to opposite-sex current or former civil or religious spouses, people living or formerly living as husband and wife, and parents of a common child whether or not they cohabited. The current section allowing a protection order against another person under the same roof does not automatically supply an occupation or tenancy order against that person.

The Domestic Abuse Act 2026 has enacted a broader “related person” test and, once commenced, will use an exclusion order for the common residence. That expanded applicant framework was still awaiting Proclamation in late August. Until then, use the 1997 Act categories and obtain advice if a sibling, same-sex partner, adult child or other household member is involved rather than filing under the future definition.

Evidence the District Court needs

Evidence must address both safety and the residence. Set out the domestic violence, reason further acts are feared, children living there, work and school disruption, alternative accommodation and any urgent risk before notice can be served. Attach the deed or lease and identify every owner, landlord, co-tenant, loan or rent obligation that the proposed order may affect.

Suppose a parent in Rose Hill leaves a jointly owned home after an assault while two children remain near their school. Medical and police material may support the incident, while school records, the deed, mortgage statement and a realistic account of alternative accommodation address why exclusive occupation is sought. Neither set of documents substitutes for the other.

Effect on ownership, rent and household expenses

The court can make an ancillary order giving use of furniture, appliances or other household effects and may direct one or both spouses to contribute to loan or mortgage repayments, repairs or maintenance. An ancillary alimony order may also be considered where no judicial alimony is already being paid. These are express, time-bound court directions, not a permanent property settlement.

A party should not stop paying a mortgage or rent merely because the other spouse has physical occupation. Lender and landlord rights continue unless lawfully altered, and arrears can create a separate problem. List each obligation, payer, due date and any court direction so the housing order can be implemented without guessing.

Duration, interim relief and variation

A current final occupation order is capped at 24 months. The tenancy provisions do not state the same fixed maximum in section 5; a tenancy order remains subject to variation or revocation and the lease itself. For either remedy, an interim order may be issued before the respondent is heard where serious risk of harm and the need for immediate intervention are shown on oath.

The 2026 Act’s prospective exclusion order has a different duration: up to 12 months with one further renewal of up to 12 months. That future limit should not be substituted for a current occupation order. Ask the court to vary or revoke a live order when facts change; a private move, rent arrangement or reconciliation does not amend sealed terms.

Combining a home order with protection and divorce proceedings

The District Court may make interim home relief alongside protection. The court can also treat an application as one for occupation or tenancy, as appropriate, to secure the right actually needed. The requested package should cover both personal safety and practical access to the residence, rather than assuming a no-contact term alone determines who keeps the keys.

Divorce brings a separate power under Article 240 of the Code Civil for the Judge in Chambers to allocate provisional use of the matrimonial home and furniture and address personal effects, maintenance and some debts. Disclose each application to avoid inconsistent orders. Readers can compare the protection-order remedy, provisional measures in divorce and enforcement after a breach; a realistic overview of contested timing appears in how long court cases may take.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.