Section 2: Interpretation

2. Interpretation In this Act— “aggrieved spouse” means the spouse for whose benefit a domestic violence order is sought or is in force; “child”, in relation to a spouse, includes any biological, adopted, step or foster child below the age of 18 and any other minor in his or her care or custody; “Court” means the District Court of the area where the person, for whose benefit an order under this Act is sought or is in force, lives; “domestic violence” includes any of the following acts committed by a person against his spouse, a child of his spouse or another person living under the same roof— (a) wilfully causing or attempting to cause physical injury; P44 – 1 [Issue 7] Protection from Domestic Violence Act (b) wilfully or knowingly placing or attempting to place the spouse or the other person in fear of physical injury to himself or to one of his children; (c) intimidation, harassment, ill-treatment, brutality or cruelty; (d) compelling the spouse or the other person by force or threat to engage in any conduct or act, sexual or otherwise, from which the spouse or the other person has the right to abstain; (e) confining or detaining the spouse or the other person, against his will; (f) harming a child of the spouse; (g) causing or attempting to cause damage to the spouse’s or the other person’s property; (h) threatening to commit any act mentioned in paragraphs (a) to (g); “domestic violence order” means any order issued under this Act; “Enforcement Officer” means an officer of the Ministry responsible for the subject of family welfare, authorised by the Minister to act as such or a police officer; “interim order” means a protection order, an occupation order or a tenancy order of an interim nature; “Minister” means the Minister to whom responsibility for the subject of family welfare is assigned; “occupation order” means an order issued under section 4; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of family welfare, or any public officer designated by him to act on his behalf; “property” includes any movable or immovable property of which a spouse has the sole or joint use or possession; “protection order” means an order issued under section 3; “residence” means the premises where the parties are or have been living together as members of the same household; “respondent spouse” means a person against whom a domestic violence order is sought or is in force; “spouse” means either of a man or a woman who— (a) are or have been civilly or religiously married to each other; (b) are living or have lived together as husband and wife; and (c) whether they have ever lived together or not, are the parents of a common child; [Issue 7] P44 – 2 Revised Laws of Mauritius “tenancy order” means an order issued under section 5. [S. 2 amended by s. 3 of Act 11 of 2004 w.e.f. 19 June 2004; s. 2A of Act 23 of 2007 w.e.f. 15 September 2011.]