Understanding the Law
Domestic violence in Thailand is not simply a private family matter. It can be a criminal offence, and Thai law provides mechanisms for victims to obtain immediate assistance, medical treatment, social support and court protection.
The principal legislation is the Domestic Violence Victim Protection Act B.E. 2550 (2007). Protection may also arise under the Thai Criminal Code, the Child Protection Act B.E. 2546 (2003), and the law governing Thailand's Juvenile and Family Courts.
These protections are not limited to Thai nationals. Foreign nationals living in or visiting Thailand can contact the police, hospitals and social services when they are experiencing violence or are in immediate danger.
What Is Domestic Violence Under Thai Law?
Domestic violence under the Domestic Violence Victim Protection Act is broader than physical assault.
The Act covers intentional conduct that causes, or is likely to cause, harm to the body, mind or health of a family member. It also includes coercion or improper domination intended to force a family member to do something, refrain from doing something or submit to an unlawful act.
This means domestic violence may include conduct such as:
- hitting, kicking, punching or other physical assault;
- threats or intimidation;
- conduct creating a serious fear of violence;
- coercive or controlling behaviour capable of causing physical or psychological harm;
- deliberately damaging a person's health;
- confinement or preventing someone from leaving;
- sexual violence or forced sexual activity;
- violence or abuse directed towards children;
- conduct intended to force another family member to act against their will.
Not every argument or unpleasant interaction between family members automatically constitutes domestic violence under the Act. The circumstances, seriousness of the behaviour, intention of the person involved and resulting or likely harm are important.
Some behaviour may also constitute a separate and potentially more serious offence under the Thai Criminal Code.
Who Is Protected?
The legislation does not apply only to legally married husbands and wives.
The statutory definition of a family member includes:
- a spouse;
- a former spouse;
- a person currently living together as a couple;
- a person who previously lived together with the alleged perpetrator as a couple;
- children;
- adopted children;
- members of the household; and
- people who depend upon and live within the family household.
A victim therefore does not necessarily need a marriage certificate before seeking protection.
Domestic violence can affect women or men, Thai nationals or foreigners, married or unmarried couples, former partners, children and other qualifying members of a household.
Getting Help
If You Are in Immediate Danger
Personal safety should come before collecting documents, negotiating with the other person or attempting to resolve the dispute.
If violence is taking place or you believe you or a child is in immediate danger, call 191 for the Royal Thai Police. If somebody has been seriously injured or requires urgent medical assistance, call 1669. Foreign nationals who need help communicating with the authorities can also contact the Tourist Police on 1155.
If it is possible to leave safely, move to a safe location such as a police station, hospital, trusted person's home or another secure public place.
Do not remain in a dangerous situation simply because your passport, money, telephone or other belongings are still inside the property.
Those matters can be addressed after immediate safety has been secured.
Thailand's 1300 Social Assistance Hotline
The Ministry of Social Development and Human Security operates the 1300 Social Assistance Centre hotline 24 hours a day.
The service can receive reports of domestic violence and coordinate assistance with relevant authorities and multidisciplinary services.
The Ministry also operates ESS Help Me, an emergency social-service reporting system available through LINE at @esshelpme. The system can be used to report an emergency and share the location of an incident so assistance can be coordinated.
Domestic violence can also be reported through provincial Social Development and Human Security offices and Children and Family Homes operating throughout Thailand.
A victim does not have to deal with every government agency independently. Social-service personnel can assist with coordinating appropriate support.
Going to the Police
A victim can report domestic violence to a police station.
Thai law also allows information concerning domestic violence to be given orally, in writing, by telephone, electronically or by other means.
When competent authorities receive a report, they have powers under the Domestic Violence Victim Protection Act to investigate and intervene. Depending upon the circumstances, officials may:
- enter the residence or location where the incident occurred;
- speak to the victim, alleged perpetrator and witnesses;
- arrange medical examination or treatment;
- arrange access to a psychiatrist, psychologist or social worker;
- assist the victim with making a formal criminal complaint; and
- in circumstances where the victim wants to complain but cannot reasonably do so personally, make the complaint on the victim's behalf.
Where a criminal complaint is made, the investigation should proceed without unnecessary delay.
Domestic violence may also involve offences under other Thai laws. Serious assault, sexual offences, unlawful confinement and threats are not necessarily dealt with only under the Domestic Violence Victim Protection Act. The exact criminal charges depend upon what occurred.
Other People Can Report Domestic Violence
Thai law expressly recognises reporting by people other than the victim.
A person who witnesses or becomes aware of domestic violence can report the matter to a competent authority.
A person providing information in good faith is protected by the Act from civil, criminal and administrative liability arising from making that report.
This is particularly important where the victim is frightened, injured, isolated, dependent upon the perpetrator or otherwise unable to seek help personally.
A Practical Note
A neighbour, friend, relative, teacher or other person who believes someone is in danger should not assume that only the victim can contact the authorities.
Thai law provides explicit protection for good-faith reporters. If you are uncertain about what you've witnessed, reporting is almost always the right decision.
Medical Treatment and Thailand's One Stop Crisis Centres
If you have been injured, seek medical attention.
Hospitals can provide treatment and may also become an important part of documenting what happened.
Thailand operates One Stop Crisis Centres, commonly known as OSCC or ศูนย์พึ่งได้, within the public-health system for people affected by violence and abuse. Hospital personnel may be able to coordinate medical care with social workers and other agencies.
Where appropriate, tell the medical staff clearly how the injury occurred rather than describing it merely as an accident. Medical records may later become important evidence.
If sexual violence has occurred, obtaining medical assistance promptly can be particularly important for both health and evidential reasons.
Evidence and Protection
Preserving Evidence
If it can be done safely, preserve evidence of what happened. Useful material may include:
- photographs of injuries;
- photographs of damaged property;
- medical reports and medical certificates;
- hospital records;
- police reports;
- threatening LINE, Messenger, WhatsApp, SMS or email messages;
- call records;
- voice messages;
- photographs or video;
- CCTV recordings;
- names and contact details of witnesses;
- previous police reports;
- records of earlier incidents; and
- a written chronology showing dates, locations and what occurred.
Keep copies somewhere the alleged perpetrator cannot easily access. Where possible, preserve original electronic messages rather than relying entirely upon screenshots.
Do not put yourself in additional danger merely to obtain evidence.
Immediate safety is more important than any piece of evidence, however useful it might later become.
Temporary Protection and Keeping the Perpetrator Away
Thai law contains mechanisms intended to prevent further violence while a case is being dealt with.
Under the Domestic Violence Victim Protection Act, authorised senior officials can impose temporary relief measures where necessary and appropriate. These can include:
- requiring medical examination;
- ordering the perpetrator to provide financial relief appropriate to the circumstances;
- prohibiting the perpetrator from entering the family residence;
- prohibiting the perpetrator from approaching family members; and
- making temporary arrangements concerning children.
Temporary measures imposed by an authorised official are referred to the court for consideration.
The court itself also has powers to issue protective measures during proceedings and may modify, extend or replace measures when circumstances require it.
Protection is therefore not necessarily limited to prosecuting somebody after further violence has already occurred.
Protection Through the Juvenile and Family Court
Separate welfare-protection mechanisms are available through Thailand's Juvenile and Family Courts.
Where domestic violence has occurred and there is reason to believe that violence may happen again, an application can be made for protective measures. Depending upon the circumstances, the court can impose restrictions concerning:
- approaching the victim's home;
- approaching the victim's workplace;
- conduct that could lead to further domestic violence;
- alcohol or intoxicating substances;
- property; and
- counselling or treatment.
Court protection may therefore be important where the immediate incident has ended but there remains a continuing risk.
A victim who cannot reasonably make the application personally may, in qualifying circumstances, be assisted by another authorised person or organisation.
Because the appropriate application and court will depend upon the circumstances, legal advice should be obtained where possible.
Children and Domestic Violence
Where a child is being abused, threatened or placed at risk, the Child Protection Act B.E. 2546 (2003) may apply in addition to domestic-violence legislation.
Thai child-protection authorities have powers to intervene where a parent or guardian cannot or does not adequately protect a child. In appropriate circumstances authorities can:
- arrange immediate physical and psychological examination;
- investigate the child's family circumstances;
- place the child temporarily in protective care;
- seek protective orders from the Juvenile and Family Court; and
- restrict an abusive person from approaching or harming the child.
The child's safety and welfare are central considerations. If a child is in immediate danger, contact the police on 191 or the Ministry of Social Development and Human Security on 1300.
Specific Situations
Sexual Violence Within a Relationship
Being married to, living with or having a relationship with another person does not create unrestricted consent to sexual activity.
Non-consensual sexual conduct may constitute an offence under Thailand's Criminal Code regardless of the relationship between the people involved. Sexual violence should therefore not be dismissed simply because the people involved are married or living together.
A victim of sexual violence should consider obtaining medical treatment as soon as possible and reporting the incident to the police.
Foreign Nationals in Thailand
Foreign nationals sometimes hesitate to report domestic violence because they believe Thai law protects only Thai citizens, or because they are worried about language, immigration status or dealing with Thai authorities.
Domestic violence should still be reported. A foreign victim can contact the Royal Thai Police (191), Tourist Police (1155), Emergency Medical Services (1669), or the Social Assistance Centre (1300). A foreign national can also attend a hospital or police station directly.
If language is a difficulty, ask whether interpretation assistance can be arranged and contact the Tourist Police if appropriate.
Where a person's immigration status, visa, marriage, children, property or finances are connected to the abusive relationship, independent legal advice can be particularly important.
Do not assume that an abusive spouse or partner's description of your immigration or legal position is correct.
Passports and Important Documents
Where it can be done safely, keep access to important documents such as:
- passport;
- Thai identification documents, if applicable;
- visa and immigration documents;
- marriage certificate;
- children's passports and birth certificates;
- bank information;
- medical information;
- important telephone numbers; and
- necessary medication.
Copies can be stored securely online or with a trusted person.
If your passport has been taken or withheld, consider informing the police and contacting your embassy or consulate. An embassy cannot replace the role of Thai police or courts, but it may be able to provide consular assistance, information concerning replacement travel documents and details of local support.
Leaving the Home With Children
Cases involving children can become legally complicated very quickly.
Leaving an immediate threat in order to reach safety is different from making permanent decisions about where a child will live or taking a child out of Thailand.
Parental power, custody, existing court orders, nationality and the legal status of the parents can all become relevant. If there is immediate danger, protect the child and contact the authorities. Once immediate safety has been established, obtain legal advice before making major decisions concerning permanent relocation or international travel with the child.
A Practical Note
Do not assume that being the child's mother or father automatically resolves questions about parental authority or international travel.
Removing a child from Thailand without proper authority can create serious legal problems, even where the motivation was to protect the child from an abusive situation. Obtain legal advice before making irreversible decisions.
The Legal Process
Reporting Deadlines
Victims should report domestic violence as soon as reasonably possible.
The Domestic Violence Victim Protection Act contains a three-month period concerning reporting or making a complaint under the Act, calculated from the point at which the victim is able or has the opportunity to report or complain personally.
However, expiry of that period does not necessarily mean that every possible legal remedy disappears. Other criminal offences may have different limitation rules, and welfare protection through the Juvenile and Family Court may still be available.
Anyone concerned that time has passed should therefore obtain advice rather than assuming nothing can be done.
What Happens After a Complaint?
The procedure depends upon the seriousness and nature of the allegations.
The Domestic Violence Victim Protection Act provides for investigation and potential prosecution, but it also contains protective and rehabilitative mechanisms. A court may impose measures including:
- compensation or relief payments;
- counselling or treatment;
- probation or behavioural conditions;
- community service;
- requirements to stop conduct responsible for the violence; and
- other measures intended to protect the victim and prevent repetition.
Where conduct amounts to another offence under the Thai Criminal Code or another law, separate or more serious criminal consequences may apply. Domestic violence should therefore not be understood as carrying one fixed penalty.
Settlement, Reconciliation and Withdrawal of a Complaint
The Domestic Violence Victim Protection Act contains provisions allowing certain domestic-violence offences to be settled or complaints withdrawn.
That does not mean a victim must reconcile with an abusive partner.
Where settlement or withdrawal is being considered, authorities may establish conditions intended to prevent further violence, including treatment, behavioural requirements, compensation, community service or other protective measures.
A victim who is being threatened, pressured or financially coerced into withdrawing a complaint should tell the police, prosecutor, social worker or lawyer.
A decision concerning reconciliation should never be treated as a substitute for immediate protection where there is a continuing risk of harm.
Confidentiality and Publication
Thai domestic-violence legislation contains restrictions on publishing photographs, accounts or information relating to a domestic-violence case where publication is likely to adversely affect the victim or the alleged perpetrator.
Victims should therefore be treated with particular care when information concerning a case is being published or shared publicly. This can be especially important where children are involved.
Planning and Support
If You Are Planning to Leave
Leaving an abusive relationship can require preparation, particularly where the victim is financially dependent upon the other person or children are involved. Where it is safe to do so, consider preparing:
Preparing to Leave Safely
identification and passport;
children's documents;
necessary medication;
emergency money;
bank cards;
telephone and charger;
essential clothing;
copies of important documents;
evidence of previous abuse;
important telephone numbers; and
details of somewhere safe to stay.
Consider telling one trusted person what is happening.
If the other person monitors your telephone, computer, location or online accounts, take that into account when seeking assistance.
Do not tell an abusive person about plans to leave if doing so is likely to increase the danger.
If Someone You Know Is Experiencing Domestic Violence
You do not need to solve the situation yourself.
If violence is occurring and somebody is in immediate danger, contact the police on 191. Domestic violence can also be reported to the Ministry of Social Development and Human Security through 1300. Thai law protects people who provide information concerning domestic violence in good faith.
Where possible:
- listen without confrontation;
- help the person reach somewhere safe;
- encourage medical treatment where necessary;
- preserve evidence if the victim asks for help doing so;
- avoid confronting the alleged perpetrator yourself where that may increase the danger; and
- involve police or social services when immediate protection is required.
Where Legal Advice May Be Needed
When to Seek Legal Advice
Urgent police or medical assistance should never be delayed while waiting to speak with a lawyer.
Once immediate safety has been addressed, legal advice can be useful where the situation involves:
- protective or restraining measures;
- criminal proceedings;
- divorce or separation;
- parental power or child custody;
- maintenance and financial support;
- jointly owned property;
- removal of personal belongings;
- immigration or visa dependency;
- international relocation with children;
- enforcement of an existing court order; or
- repeated threats or harassment following separation.
Domestic violence frequently overlaps several areas of Thai law. The appropriate legal strategy therefore depends upon the facts of the individual case.
The firm's domestic violence service covers advice on protection orders, criminal proceedings, divorce and separation, child custody and parental power, and enforcement of court orders. See the domestic violence legal service.
In Summary
Key Points to Remember
Domestic violence in Thailand is not merely a private dispute.
Physical violence is not the only behaviour covered by Thai law.
Former spouses and unmarried partners may fall within the legislation.
A victim does not have to be Thai to contact the police or seek assistance in Thailand.
Other people can report domestic violence when they witness or become aware of it.
Police and authorised officials have powers to intervene and arrange medical and social assistance.
Protective measures can prohibit an alleged perpetrator from entering a residence or approaching family members.
Children have additional protection under Thailand's child-protection legislation.
Serious conduct may constitute separate offences under the Thai Criminal Code.
A person in immediate danger should call 191 rather than wait for a legal consultation.
Legal Basis and Authoritative Sources
This guidance has been prepared with reference to the following authoritative sources:
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