Section 3: Protection order

3. Protection order (1) Any person who has been the victim of an act of domestic violence and who reasonably believes that his spouse is likely to commit any further act of domestic violence against him, may apply to the Court, in Form A of the Schedule, for a protection order restraining the respondent spouse from engaging in any conduct which may constitute an act of domestic violence and ordering him to be of good behaviour towards the applicant. (2) On an application being made for a protection order, the Court shall cause notice of the application to be served on the respondent spouse requiring him to appear before the Court on such day as may be specified in the notice (not later than 14 days of the date of the application) to show cause why the order applied for should not be made. (3) Subject to such Rules as may be made by the Chief Justice, an application for a protection order shall be heard in such manner as the Court may determine. (4) In determining an application for a protection order, the Court shall have regard to the following— (a) the need to ensure that the aggrieved spouse is protected from domestic violence; (b) the welfare of any child affected, or likely to be affected, by the respondent spouse’s conduct; (c) the accommodation needs of the aggrieved spouse, his children as well as those of the respondent spouse and his children; (d) any hardship that may be caused to the respondent spouse or to any of his children as a result of the making of the order; and (e) any other matter which the Court may consider relevant. (5) Where a protection order is made, the Court may further— (a) prohibit the respondent spouse from— (i) being on premises on which the aggrieved spouse resides or works; (ii) being on premises specified in the order, being premises frequented by the aggrieved spouse; (iii) approaching within a specified distance of the aggrieved spouse; (iv) contacting, harassing, threatening or intimidating the aggrieved spouse; (v) damaging property of the aggrieved spouse; or (vi) causing or attempting to cause another person to engage in conduct referred to in subparagraphs (iv) and (v); P44 – 3 [Issue 7] Protection from Domestic Violence Act (b) specify the conditions on which the respondent spouse may— (i) be on premises on which the aggrieved spouse resides or works or which he frequents; or (ii) approach or contact the aggrieved spouse or his child; (c) proprio motu, make an interim occupation or tenancy order for such time as it may determine, where it is satisfied that such an order, although not applied for, is essential for the effective protection of the aggrieved spouse. (6) (a) A protection order shall be in Form C of the Schedule and shall remain in force for such period, not exceeding 24 months, as the Court may specify. (b) Where a protection order contains a prohibition or condition of the kind specified in subsection (5), the Court may specify different periods, being periods none of which exceeds 24 months, as the period for which each prohibition or condition is to remain in force. (7) Where the Court is satisfied that there is a serious risk of harm being caused to the aggrieved spouse before the application may be heard and that the circumstances revealed in the application are such as to warrant the intervention of the Court even before the respondent spouse is heard, the Court may— (a) issue an interim protection order in Form B of the Schedule, restraining the respondent spouse from engag hs, as the period for which each prohibition or condition is to remain in force. (7) Where the Court is satisfied that there is a serious risk of harm being caused to the aggrieved spouse before the application may be heard and that the circumstances revealed in the application are such as to warrant the intervention of the Court even before the respondent spouse is heard, the Court may— (a) issue an interim protection order in Form B of the Schedule, restraining the respondent spouse from engaging in any conduct which may constitute an act of domestic violence and ordering him to be of good behaviour towards his spouse; and (b) order the Commissioner of Police to provide police protection to the aggrieved spouse until such time as the interim order is served on the respondent spouse or for such time as the particular circumstances of the case may justify. (8) Where an interim protection order is issued, the District Clerk shall immediately take steps to have a copy of the order served on the respondent spouse requiring him to appear before the Court on such day as may be specified in the order to show cause why it should not be confirmed, varied or discharged. (9) An interim protection order shall, unless the Court directs otherwise, remain in force until such time as the Court makes a final pronouncement on the application for the protection order. (10) (a) Where a protection order is in force, either party may apply to the Court for a variation or revocation of the order. (b) The spouse applying for the variation or revocation shall cause a copy of the application to be served on the other spouse. (c) In determining whether to vary or revoke a protection order, the Court shall have regard to the matters specified in subsection (4). [S. 3 amended by s. 4 of Act 11 of 2004 w.e.f. 19 June 2004; s. 3 of Act 23 of 2007 w.e.f. 26 September 2011.] [Issue 7] P44 – 4 Revised Laws of Mauritius