SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

The Act specifies imprisonment of 6 months or fine of 6000 baht for a person convicted of
committing a domestic violence offence. 391
The law obligates a victim or a person encountering domestic violence to notify a competent
official. 392 It further states that if the domestic violence victim does not make a notification or
complaint within 3 months of being able to or having the opportunity to do so, the case is
deemed to expire. 393 However the victim can still claim safety protection from Juvenile and
Family Court.
Once a complaint is filed, investigations must be carried out without delay and the file and
perpetrator must be sent to a court within 48 hours of the perpetrator being apprehended. 394
Safeguards in the Act include allowing complaints to be notified verbally, in writing, by
telephone, by electronic methods or other methods; for competent officials to assist victims in
launching prosecutions and arrange for medical exams, treatment or counselling services; the
presence of a psychiatrist, social worker or person requested by the victim during the
questioning of a victim unless there is a compelling reason not to wait for their presence
which must be recorded in writing, a prohibition on dissemination of any information that
will harm the perpetrator or the victim once the complaint is filed. 395
Under the law, a competent official may issue temporary relief measures including sending a
domestic violence perpetrator to receive medical examinations and treatment from a
physician, requiring a domestic violence perpetrator to repay the initial financial relief
assistance amount as appropriate for his/her financial status, forbidding a domestic violence
perpetrator from entering his/her family’s residence or coming closer to any family member,
as well as specifying childcare arrangements. Any such measures are to be presented in court
within 48 hours for the court to approve them. 396 During the investigation or trial, the court
also has the power to issue relief measures and a violation of the court order is punishable.
Such orders may be altered, revoked or additional measures included where there is a change
in circumstances. 397
If a person is found guilty of committing an act of domestic violence, the court, instead of
punishment, has “the power to specify methods of rehabilitation, treatment, probation to be
used for the offender, or to impose conditions requiring the offender to repay the financial
relieve assistance amount, to undertake public work, to refrain from actions which cause
domestic violence, or placing the offender under bond of performance according to the
methods and duration specified by the court.” 398 At all stages of the trial, the court is bound to
be vigilant. Thus, it can still order relief measures if there is a withdrawal or settlement and
set conditions for such settlement; if these are not met prosecution will continue. 399
391 Article 4, ibid.
392 Article 5, ibid.
393 Article 7, ibid.
394 Article 8, ibid.
395 Articles 6, 8 and 9, ibid.
396 Article 10, ibid.
397 Article 10, ibid.
398 Article 12, ibid.
399 Article 12, ibid.
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