2007

The Protection of Domestic Violence Victims Act B.E. 2550 (2007) was announced in the Royal Gazette on August 14, 2007, and enacted since November 12, 2007. The Act addresses domestic violence, which is defined as ‘;any action intended to inflict harm on a family member's physical, mental or health condition and any use of coercion or unethical domination to compel a family member to commit, omit or accept any unlawful act, except for that committed through negligence.' The Act aims to protect family members including spouse, former spouse, ones who live and cohabit or used to do so as couple with or without marriage registration, biological child, adopted child, family members/ any dependant members who live in the same household.

A complaint can be made not only by the victim, but by anybody who sees or has information about a domestic violent situation. The Act states that it is the public duty of everyone to report domestic violence. When a complaint is filed, the Act shortens the legal process that the police have to investigate the complaint immediately and the public prosecutor has to file the case before the court within 48 hrs. The court can force the offender to pay compensation to the victim and/or prohibit perpetrator from returning to the house or getting close contact with the victim. In case of a settlement, withdrawal of a complaint or case withdrawal, the Act permits the court or police officer to issue a memorandum between the victim and the offender, to prevent the latter from repeating the violence. The Act also protects victims and their family from additional mental suffering by prohibiting any disclosure of pictures and other identifying information to the public.

Article 6 of the Act provides for police officers, upon receiving a report of on a case of violence against women, to enter the household, or the place where violence against women happens, to arrange for the provision of medical treatment and counseling by health personnel and social workers, as well as to assist the victim of violence with the legal process, or to make a complaints/file a case for victim(s) in case she/he is not in the position to do so.

Article 10 of the Act specifies that senior government officials or police officials have the right to order or impose temporary measures needed to assist victims of violence. The measures include the provision of medical treatment, financial assistance during the court process, the physical separation of victim/survivors and perpetrator in the courtroom as well as throughout the legal process. The temporary measures issued are to be enforced within 48 hours.

The Protection of Victims of Domestic Violence Act, B.E. 2550 (2007) provides legal grounds for the development of rehabilitation programmes for perpetrators of violence against women. The Act grants the court authority to assign rehabilitation, counseling, probation, public service, or parole to offender and/or to force the offender to pay compensation to the victim.

Response of the Government of Thailand to the questionnaire on violence against women, 2009