Section 5:

5. I further aver that there is a serious risk of harm being caused to me before the present application for an Occupation Order may be heard by the Court and that it is therefore urgent and necessary that an interim Occupation Order be issued under section 4 (5) of the Protection from Domestic Violence Act. Sworn before me .......................................................... District Magistrate This ................ day of ........... 20 ....... [Issue 7] P44 – 18 Revised Laws of Mauritius FORM E [Section 4 (5)] PROTECTION FROM DOMESTIC VIOLENCE ACT INTERIM OCCUPATION ORDER In the District Court of .......................................... To ......................................................... of ................................................... Whereas I am satisfied by information ON OATH that— Mr/Mrs ........................................................................................................... who has applied for an Occupation Order under section 4 of the Protection from Domestic Violence Act has reasonable cause to believe that he/she may be the victim of further acts of domestic violence and that it is urgent and necessary that an interim Occupation Order be issued under section 4 (5) of the said Protection from Domestic Violence Act. These are therefore to warn you that the said Mr/Mrs .......................................... your spouse shall as from this day ................. have the exclusive right to live at the residence now occupied by both of you, the tenancy of which is vested in him/her pending the decision of this Court in the application filed by him/her for an Occupation Order. You are further summoned to appear before the District Court of ........................... on ...................... to show cause why the said interim Occupation Order should not be confirmed, varied or discharged. Warning you that, should you fail to appear before the Court as hereby requested, the Court may proceed to hear the application for the issue of the Occupation Order in your absence. Given under my hand at ................. in the District Court of ................................ .......................................................... District Magistrate This ................ day of ........... 20 ....... [Form E amended by s. 11 (a) (iii) of Act 11 of 2004 w.e.f. 19 June 2004.] FORM F [Section 4 (4)] PROTECTION FROM DOMESTIC VIOLENCE ACT OCCUPATION ORDER In the District Court of .......................................... To ......................................................... of ................................................... Take notice you the said ................................................................................... that after hearing an application from your spouse Mr/Mrs .................................... P44 – 19 [Issue 7] Protection from Domestic Violence Act FORM F—continued for the issue of an Occupation Order in respect of the residence owned by you/him/her/both of you and situated at ................... the Court has, in virtue of the powers conferred upon it by section 4 (1) of the Protection from Domestic Violence Act, made an order granting to your said spouse the exclusive right to occupy the said residence, for a period of ....................................... months as from this day. Take notice that the present order shall remain in force until such time as it is varied or discharged. Given under my hand at ................. in the District Court of .. d situated at ................... the Court has, in virtue of the powers conferred upon it by section 4 (1) of the Protection from Domestic Violence Act, made an order granting to your said spouse the exclusive right to occupy the said residence, for a period of ....................................... months as from this day. Take notice that the present order shall remain in force until such time as it is varied or discharged. Given under my hand at ................. in the District Court of ................................ .......................................................... District Magistrate This ................ day of ........... 20 ....... FORM G [Section 5 (1)] PROTECTION FROM DOMESTIC VIOLENCE ACT APPLICATION FOR TENANCY ORDER In the District Court of .......................................... I, .................................................................................................................. , of .................................................................................................................. being the spouse of ................................. of ................................................... inasmuch as— (a) we are civilly/religiously married; (b) we have lived together as husband and wife; and (c) we are the parents of a common child MAKE OATH/SOLEMN AFFIRMATION AND SAY THAT—