This is not legal advice. This page is general legal information for Mauritius and does not replace a consultation with a lawyer who has the full context of your case.
How do I get a protection order in Mauritius, and does it actually protect me?
You apply to the District Court for the area where you live or work. Where there is an immediate risk, the court can make an interim order before the other person is heard. The case then returns to court within three working days. A full protection order follows a hearing. It forbids further abuse and can keep the other person away from your home, your work and you. A breach is a criminal offence and should be reported to the police at once. Its protection depends on every breach being reported.
What counts as domestic abuse under the 2026 Act?
The Domestic Abuse Act 2026 (Act 10 of 2026) was passed on 10 July 2026 and gazetted on 21 July 2026. It has been in force since 14 September 2026, under Proclamation No. 15 of 2026. On that date it repealed the Protection from Domestic Violence Act 1997, so applications are now made under the 2026 Act. An order made under the former Act that was still valid on 14 September 2026 continues in force.
More than bruises. The Act covers behaviour that is physically, sexually, emotionally, psychologically or economically abusive, and behaviour that is violent, threatening, controlling or coercive. Abuse sent through a phone or the internet counts. So does exposing a child to it.
Economic abuse is described in detail. It includes withholding money needed for living expenses, forcing someone to sign a loan, a guarantee or a power of attorney, and blocking access to joint bank accounts.
The Act protects a person from a “related person”. That includes a spouse or former spouse, and a partner or former partner. It also includes someone in an intimate relationship, whether or not you lived together, the other parent of your child, a household member and a family member. The Act is written for any aggrieved person, so men and women may both apply.
Can the abuser be made to leave the home, even if they own or rent it?
The Act provides for an exclusion order. It gives the aggrieved person the exclusive right to live in the common residence, meaning the home the two of you shared. The Act speaks of the common residence, not of who owns it. The court weighs the disruption to you and the children, the children’s schooling and stability, and the hardship to the other person.
An exclusion order lasts up to 12 months and may be renewed once, for up to 12 months more. Where one cannot be made, the court can order the other person to secure suitable accommodation for you and the children. If the home is rented, the court can make you the tenant, while the person who paid the rent continues to pay it.
Further orders can sit alongside it. They cover household effects, contributions to the loan or mortgage, and alimony. The court can also send the police with you to collect belongings, and order repayment of money lost because of the abuse. Alimony is not ordered under the Act where it is already being paid under another court order.
How long does an order last, and what happens if it is breached or withdrawn?
A protection order lasts as long as the court decides, up to two years. An interim order lasts up to six months unless the court directs otherwise. Breach of any order under the Act is an offence. On a first conviction the penalty is a fine of up to Rs 50,000 and imprisonment of up to 12 months. A second conviction carries a fine of up to Rs 100,000 and imprisonment of up to three years. A third carries penal servitude of up to 10 years.
If a complaint to the police is withdrawn, the police refer the matter to the Director of Public Prosecutions for advice. Withdrawing does not simply end it. The Act also exempts these proceedings from court fees and stamp duties, and no costs are awarded. Private representation is a separate matter.
What if a protection order is used against me unfairly?
Protection orders protect, and they can be misused. The person named in the application is summoned to court to show cause why the order should not be made. That hearing is the time to answer, with evidence. Either party can later apply to vary or revoke a final order, and a final order can be appealed to the Supreme Court. An interim order cannot be appealed, and an appeal does not suspend an order.
A domestic abuse matter may sit in a District Court while a divorce runs in the Supreme Court. Representation matters from the first hour, in both courts.
What the chambers does
The chambers advises and represents applicants and respondents, women and men, on protection orders, exclusion orders and the orders that go with them. It also handles the divorce, custody and maintenance questions that usually follow; see the pages on divorce and custody and maintenance. Me Pertaub prepared two expert reports on violence against women in Mauritius for UK court proceedings, instructed by solicitors at Islington Law Centre.
You send a short account of what happened and any existing order or complaint. The chambers sets out the route and meets you in chambers in Port Louis, or by video. Names are withheld as a matter of course. The initial consultation is a fixed-fee conference, confirmed in writing when the appointment is made. Applications for legal aid or legal assistance are made under the Legal Aid and Legal Assistance Act 2025. Enquiries to Lex Aquila Advocates are for private instruction.