The Domestic Abuse Act 2026: What It Means for Victims and Accused in Mauritius

Mauritius has taken a significant step forward in protecting victims of domestic abuse. The Domestic Abuse Act 2026 (Act No. 10 of 2026), assented to by the President on 20 July 2026 and passed by the National Assembly on 10 July 2026, repeals the former Protection from Domestic Violence Act and replaces it with a much more comprehensive legal framework — one that reflects a far broader and more modern understanding of what abuse can look like.

  At Vyas Adheen Law Office, we also recognise the fact that very often several frivolous and vexatious complaints are made in the Police station. At Vyas Adheen Law Office, we are determined to treat and represent both victims and accused rights. The law is victim-oriented, but we shall also be careful about vexatious and frivolous complaint. It is tantamount for the Court to hear and determine each case by taking individual facts and circumstances. 

At Vadheen Law, we believe it’s important for our clients and the wider community to understand how this new law affects their rights. Here’s a breakdown of what’s changed.

A Much Broader Definition of “Domestic Abuse”

Under the new Act, domestic abuse is no longer understood as just physical violence. The legislation explicitly recognises:

• Physical, sexual, emotional, psychological and economic abuse
• Controlling and coercive behaviour, including threats and intimidation
• Digital and cyber abuse — harassment, blackmail, or abuse carried out through phones, apps, or online platforms
• Economic abuse — withholding money, controlling bank access, forcing someone to sign contracts, loans, or guarantees, or sabotaging their ability to work
• Exposure of children to abusive behaviour, even where the child isn’t the direct target

The Act also broadens who qualifies as a “related person” — this includes spouses, civil or religious partners, people in intimate relationships, whether or not they lived together or intended to marry, co-parents, people sharing a household, and family members more generally.

New and Strengthened Legal Remedies

Protection Orders

An aggrieved person can apply to the District Court for a protection order, prohibiting a related person from committing further acts of abuse and requiring them to be of good behaviour. The Court must act quickly — a hearing must generally be arranged within 7 days of the application.

Exclusion Orders

Where necessary, the Court can issue an exclusion order, granting the victim the exclusive right to live in the common residence and excluding the abuser from it — even where the abuser holds the lease or owns the property.

Interim Orders — Including via Technology

In urgent situations, the Court can issue interim protection or exclusion orders immediately, without waiting for the full hearing. Notably, the Act allows enforcement officers to apply for an interim protection order remotely, by submitting a scanned application, with the Court able to conduct a remote hearing — a practical measure for urgent cases.

Ancillary Orders

The Court may also make supporting orders covering:

• Alimony payments
• Use of household effects and furniture
• Recovery of personal belongings, with police assistance
• Reimbursement of monetary losses, including lost earnings and medical expenses

Rehabilitation, Not Just Punishment

A notable feature of the Act is its emphasis on accountability and rehabilitation. Courts can order a related person to undergo psychological assessment and attend a rehabilitation programme addressing coercive control, anger, and abusive behaviour patterns — alongside, or sometimes instead of, criminal sentencing.

Coordinated Institutional Response

The Act establishes a Domestic Abuse Coordinating Panel, bringing together representatives from the Ministry, the Police, and the Ministries responsible for education, health, reform institutions, and social security.

Supporting Committees will conduct case conferencing and risk assessments before matters reach the Panel — aiming for a joined-up, multi-agency response rather than victims having to navigate the system alone.

Tougher Penalties for Breaches

Contravening a domestic abuse order, or committing an act of domestic abuse, is a criminal offence with escalating penalties:

• First conviction: fine up to Rs 50,000 and/or imprisonment up to 12 months
• Second conviction: fine up to Rs 100,000 and/or imprisonment up to 3 years
• Third or subsequent conviction: penal servitude up to 10 years

Importantly, probation is not available for these offences, and a Magistrate has full jurisdiction to try and sentence under the Act.

Mandatory Reporting Duty for Professionals

Doctors, nurses, psychologists, social workers, counsellors, and other professionals who have reasonable grounds to believe someone is a victim of domestic abuse are now legally obliged to report it to the supervising officer and the Commissioner of Police.

Failure to do so is itself an offence, punishable by a fine of up to Rs 50,000. Anyone reporting in good faith is protected from civil or criminal liability.

Court Proceedings Designed to Protect Victims

The Act also introduces procedural protections, including:

• Hearings held in camera or remotely
• Use of audio and visual recordings as evidence
• No costs awarded against victims, and no recognisance required to appeal
• Safe waiting areas and pre-trial support at Court
• A right of appeal to the Supreme Court, though interim orders cannot be appealed, to avoid delaying urgent protection

When Does the Act Come Into Force?

The Act will come into operation on a date, or dates, fixed by Proclamation — different sections may be brought into force at different times. Until then, the previous Protection from Domestic Violence Act continues to apply, and pending cases will generally carry over once the new Act commences.

This article is for general information purposes only and does not constitute legal advice. Please contact us directly to discuss your specific circumstances