Section 4: Occupation order

4. Occupation 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 D of the Schedule, for an occupation order granting him the exclusive right to live in the residence belonging to him, the respondent spouse or both of them. [Issue 7] P44 – 6 Revised Laws of Mauritius (2) On an application being made for an occupation order, the Court shall cause notice of the application to be served on the respondent spouse requiring him to appear before Court on such day as may be fixed by the Court (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 an occupation order shall be heard in such manner as the Court may determine. (4) The Court shall, on being satisfied that it is necessary for the protection of the aggrieved spouse or of his child and that it is in the best interest of the family, make an occupation order in Form F of the Schedule, for a period not exceeding 24 months. (5) Where the Court is satisfied that there is a serious risk of harm being caused to the applicant before the application may be heard and that the circumstances revealed in the application are such as to warrant the protection of the Court even before the respondent spouse is heard, the Court may issue an interim occupation order in Form E of the Schedule granting the applicant the exclusive right to live in and occupy the residence. (6) An interim occupation 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. (7) Where an interim occupation 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 fixed by the Court to show cause why the said order should not be confirmed, varied or discharged. (8) (a) Where an occupation order is in force, either party may apply to the Court for its variation or revocation. (b) The spouse applying for such variation or revocation shall cause a copy of his application to be served on the other spouse. (c) In determining whether to vary or revoke an occupation order, the Court shall have regard to the matters specified in subsection (4). [S. 4 amended by s. 6 of Act 11 of 2004 w.e.f. 19 June 2004; s. 4A of Act 23 of 2007 w.e.f. 26 September 2011.]