Act on Protection of Persons Being Affected by Violent Acts in the Family B.E. 2550

18 April 2008

The new act on Protection of Persons Being Affected by Violent Acts in the Family, published in the September 2007 edition of the Royal Thai Government Gazette, is aimed at protecting the rights of victims and all related family members of domestic violence. The act took effect on 11 November 2007.  

The act is intended to provide assistance for victims of physical abuse. The victims or anyone aware of abuse in the family can inform appropriate government officials and file a complaint. The informant can be assured that he or she will receive protection under the law if the notification was made in honesty. If unable to do so, the government official can file a complaint in the victim's place.

Once the complaint is received, government officials are authorized to enter the premises where the domestic violent incident took place to investigate. Government officials may question the offender, victim, or related parties regarding the incident,  arrange for the victim to receive treatment from a doctor and consultation from a psychiatrist or social worker, demand the offender make monetary compensation to the victim for hospital treatment, prohibit the offender from entering the victim's residence, and make arrangements for care of any children. The court may approve the directive, in which case the directive will continue valid. On the other hand, the court may override the directive if judged not appropriate, make amendments, additions, or cancellations. 

The court may appoint a mediator to assist the victim and offender in drafting a conciliatory agreement. The mediator may be a parent, relative, government official, or social worker.

This act prohibits publicizing the domestic violence incident to protect the right to privacy of all involved parties.

The offending member of the family committing violent acts towards another family member may be subject to imprisonment not to exceed 6 months and a fine not to exceed 6,000 Baht or both.

The Thai government recognizes that violent acts committed against family members in the family are of a different nature than bodily assault committed by strangers, which would come under the Criminal Procedural Code. The act also serves to promote the implementation of measures to rehabilitate the offending family member.

Constitutional Amendments
18 April 2008

The People Power Party intends to file a motion for amendments to the 2007 constitution, reverting to the more democratic nature of the 1997 constitution. The 2007 constitution is seen by some as giving more power to bureaucrats and the military. The proposed amendments are to return to the 1997 constitution model in terms of mandates and selection process of the judiciary and selection for independent organizations, the electoral system of MP and senators, and electoral supervision.