Occupation Orders and Tenancy Orders in Domestic Violence Cases

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.

Since 14 September 2026, the Domestic Abuse Act 2026 has replaced the former occupation order and tenancy order with a single exclusion order. This can give an abused related person the exclusive right to live in and occupy the common residence, whether owned or rented. The exclusion order replaced the equivalent remedies under the Protection from Domestic Violence Act 1997 and addresses safety and occupation, not final ownership.

What an occupation order does

The occupation order is now the exclusion order under section 12 of the Domestic Abuse Act 2026. It applies where an aggrieved person reasonably believes a related person is likely to commit further domestic abuse and seeks the exclusive right to live in and occupy the common residence, whether owned by either or both. The District Court must be satisfied that the order is necessary to protect the aggrieved person and is in the family’s best interests.

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 exclusion order is now framed for the wider “related person” test under the Domestic Abuse Act 2026. 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, a person sharing the same household, or a family member. This replaced the 1997 Act’s narrower “spouse” category (formerly opposite-sex married or cohabiting couples) and its separate same-roof provision.

A sibling, same-sex partner, adult child or other household member who does not fit the old “spouse” definition can now apply as a related person. This includes someone in an intimate relationship regardless of cohabitation, or a person sharing the same household. Confirm the exact category with an adviser before filing.

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

An exclusion order is capped at 12 months, renewable once for a further 12 months under section 13 of the Domestic Abuse Act 2026. An interim exclusion order may be issued before the related person is heard where serious risk of harm and the need for immediate intervention are shown on oath, and remains in force until the main application is determined.

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, and may issue an exclusion order of its own motion, even where none was applied for, if essential for the aggrieved person’s protection. 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.

See also: Emergency occupation of the family home in Mauritius and Who can occupy the Mauritius family home during divorce?.

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.