The family in Thailand is a key element for the organization of a society, serving as the primary environment for shaping a child’s character and offering emotional support to its members.
However, numerous incidents of domestic violence take place, leading to the urgent need for robust legal frameworks to save the rights and well-being of family members impacted by such violence. Our litigation team in Bangkok, have assisted several victims of gender violence and child abuse and we have prepared a summary based on our professional experience.
Under Section 3 of the Protection of Victims of Domestic Violence Act, B.E. 2540 (1997), “domestic violence” is defined as any act intended to harm the physical, mental, or emotional well-being of a family member or any deliberate action likely to cause such harm. It also encompasses acts of coercion or unjust domination that compel family members to act, abstain from acting, or accept certain actions unlawfully, whether directly or indirectly. However, this definition excludes acts committed through negligence.
Legal proceedings designed to save the rights and welfare of family members impacted by domestic violence (the domestic violence victim) are known as “welfare protection cases.” These cases are divided into two main categories:
1. Cases involving requests for court intervention to protect the welfare of individuals affected by domestic violence fall under the provisions of the Protection of Victims of Domestic Violence Act. The individuals eligible to file a petition for such welfare protection include:
1.1 Individuals who have directly experienced domestic violence
1.2 Family members, including a spouse, former spouse, individuals currently or formerly cohabiting as husband and wife without formal marriage, children, adopted children, other relatives, or any dependent individuals residing in the same household
1.3 Representatives, specifically in cases where the individual affected by domestic violence is unable to submit the request themselves. This category includes relatives, investigators, prosecutors, officials, organizations responsible for providing legal assistance to the public, and entities focused on protecting the welfare of children, youth, women, the elderly, individuals with disabilities, or any other persons acting for the benefit of the victim.
2. Cases involving court protect to save the welfare of children subjected to unlawful treatment fall under the provision of the Child Protection Act.
2.1 Children
2.2 Guardians of the child, which include the father, mother, caregivers, adoptive parents, and conservators, as well as stepparents, welfare guardians, employers, and any other individuals who provide care for or reside with the child
2.3 Representatives, specifically in situations where the child is unable to submit the request independently
The court may issue orders in welfare protection cases against the accused (the perpetrator of domestic violence or against a child) to prohibit any actions that incite or contribute to domestic violence, whether directly or indirectly.
For example;
∙ Barring the accused from approaching or residing in the same location as the victim.
∙ Directing the accused to vacate the victim’s residence.
∙ Preventing the accused from causing any distress or annoyance to the victim, which encompasses harassment, stalking, photographing, making phone calls, sending messages, or using digital media to create disturbances.
Additionally, it is possible to request welfare protection in emergency situations. Individuals affected by violence can seek immediate protection when their safety is threatened, whether physically or mentally. The court will consider the protection request by prioritizing the safety of the domestic violence victim. This involves assessing the severity of the situation and determining whether the domestic violence victim is at risk. The court should not hastily dismiss the petition solely because the events the petitioner has experienced have occurred over time, as this could lead to the conclusion that there is no emergency. However, the circumstances may still pose a serious risk to the domestic violence victim’s safety at that moment.
Therefore, individuals affected by domestic violence have the right to seek welfare protection to prevent further damage to their physical and mental health. Protecting the welfare of children impacted by such violence is also a critical priority. To ensure the victims’ safety and well-being, the process of requesting welfare protection should be managed by an experienced attorney.
If you need to consult with a litigation lawyer on a case of domestic violence, please contact our attorneys at [email protected]
