Domestic Violence Laws in Thailand

Domestic violence is not only a crime, but a serious social problem that should be adequately addressed by normal civil and criminal laws. The criminal law only allows for the imprisonment or punishment of the offending parent for assault without any consideration for the effects to the family. In addition, the civil law is often useless in a case involving domestic violence committed by a parent. In 2007 (2550) the Thai government passed the Domestic Violence Victim Protection Act which not only protects the victims of domestic violence, but also seeks to punish and reform the offenders. The law allows applications to be made directly to the Court in cases involving domestic violence. The Court is able to make orders that specifically address to the individual facts of each particular case.

Under the Domestic Violence Victim Protection Act  any person who commits an act of domestic violence is said to commit an offence of domestic violence and shall thereby be liable to imprisonment for not more than six months, or a fine of not exceeding six thousand baht or both.

"Domestic violence" means any act done with the intention to or in the manner likely to cause harm to the body, mind or health of a family member or to exert coercion or immoral influence over a family member in order to wrongfully cause him to do, not to do or yield to any act, but not including an act done negligently.

"Family member" means a spouse, a former spouse, a person cohabiting or having cohabited with another husband and wife without civil marriage, a child, an adopted child, a member of a household, as well as any person counting on and living in a family.

An offence under the Act is compoundable which means an offender may also be charged with any relevant offence under the Criminal Code or other laws. For example, should the domestic violence also constitute an offence of causing bodily harm pursuant to section 295 of the Criminal Code the offender may also be charged with that offence.

If the Court finds the offender to be guilty of committing domestic violence, instead of punishing the offender, the Court may “apply certain measures of reformation, treatment or correction to him, may direct him to pay an amount of relief money, carry out community service or refrain from the acts giving rise to domestic violence, or may place him under a peace bond, subject to the procedure and period of time determined by the court.”

"Court" means the Thai Juvenile and Family Court.

"Relief money" means preliminary compensation for the loss of any money or property incurred by a domestic violence victim in consequence of domestic violence, including the loss of earnings, medical expenses, expenses for new residence and other necessary expenses.

A domestic violence victim or a person finding out or becoming aware of an act of domestic violence has a duty to inform a competent authority who is required to take action under the Act.

When the information made is provided in good faith, the informant shall be protected and shall incur no liability, whether civil, criminal and administrative.

The information may be made orally, in writing, by telephone, by electronic means or by any other means.

When a competent authority becomes aware of an act of domestic violence or receives the information he shall be empowered to enter the relevant residences or scenes of action and inquire the person committing the act of domestic violence, the domestic violence victim or other persons present thereat as to the facts concerned. The competent authority shall also have the power to arrange medical examinations and treatments for the victim and direct the victim to take counsel with a psychiatrist, psychologist or social worker. If the victim wishes for a prosecution, the competent authority shall extract his complaint in pursuance of the Code of Criminal Procedure. If the victim is unable or had no opportunity to complain in person, the competent authority shall enter a complaint on his behalf.

"Competent authority" means a person authorised by the Minister to take action under the Act and includes an administrative or police officer under the Code of Criminal Procedure.