Under the DVA, after the victim has filed a complaint, a competent official who ranks no lower than a senior administrative or police officer under the Criminal Procedure Code and who has been assigned by the minister or the court can order a protective order called a "provisional relief measure," even without a request from the victim.[7]
Unlike the DVA, the FIA does not require a complaint to be filed before a protective order can be granted. Under the FIA, after a person has reported domestic violence, the Family Promotion and Protection Center (FPPC) can file a motion to the Juvenile and Family Court for a protective order called a "welfare protection measure."[8]
In addition, the victim or the interested person can file a motion for a "welfare protection case" to the Juvenile and Family Court directly for the court to order welfare protection measures. The victim (or other persons on behalf of the victim if the victim is not able to make the petition themselves, e.g., relatives, an officer, a prosecutor or an official of the relevant institution for the protection of children/women) can also file a motion to the Juvenile and Family Court for a welfare protection order.[9]Yes. The scope of the provisional relief measure under the DVA is prescribed to be very broad as a competent official can impose any order as necessary and appropriate, which includes the order for the offender of domestic violence to pay for the basic "relief fund," the initial fund for the damage caused by the domestic violence or any necessary expenses[10] and the order concerning the method to take care of a child.[11] Thus, this provisional measure may also include matters regarding temporary custody of a child or child support.
Under the FIA, the scope of the order that the FPPC can request the Juvenile and Family Court to issue includes the order to revoke the child custody rights of the offender, either partially or wholly, if the offense of domestic violence was done against the child in his/her custody,[12] and the order for the offender to pay a relief fund to the victim.[13]
Yes. The provisional relief measure under the DVA includes an order prohibiting the offender of domestic violence from entering the residence of the family or approaching an individual in the family.[14]
Similarly, under the FIA, the welfare protection measures that the Juvenile and Family Court can order include the order prohibiting the offender of domestic violence from approaching or entering the residence of the victim or the order for the offender to vacate the victim's residence.[15]Yes. The provisional relief measure that a competent official can order under the DVA could be considered a type of emergency protective order since the competent official can impose this measure immediately if they deem it necessary and appropriate. The provisional relief measure can only be enforced for 48 hours unless there is a court order to continue the enforcement of the measure.[16]
Under the FIA, the FPPC can impose certain welfare protection measures in emergencies where a delay may cause harm to the life, body or mind of a family member and it cannot wait on the process of obtaining an order from the Juvenile and Family Court. In such cases, the FPPC can order the following measures for a temporary period as necessary:[17]
- prohibiting the offender from taking/using alcohol or narcotics
- prohibiting the offender from causing a disturbance to the victim of domestic violence, including following, stalking, taking pictures and calling via a phone
- ordering the offender to attend counseling or rehab at a specialized hospital
- ordering the offender to relinquish any weapon in their possession/control to the FPPC
Under the DVA, protective orders can only be imposed after the victim has filed a complaint. The following persons can file the complaint on behalf of the victim:
- a competent official if the victim is not able to make the complaint themselves[18]
- the legal representative in children's cases[19]
Under the FIA, if a notification regarding domestic violence is made to the FPPC, the FPPC can request the Juvenile and Family Court to order welfare protection measures even without a request from the victim and even without the victim filing the complaint.[20]
The relevant regulations do not explicitly separate different types or refer to civil protection orders. However, as explained above, different types of measures perform different functions (e.g., provisional relief measures, welfare protection measures and welfare protection cases). Thus, it could be considered that there are different types of civil protection orders.
Under the DVA, the competent official can order provisional relief measures without the offender being present.[21] Similarly, under the FIA, the FPPC can order welfare protection measures without the offender being present in emergencies.[22]
Under the DVA, provisional relief measures may be extended to protect family members of the victim but it depends on the discretion of the competent official. However, under the FIA, welfare protection measures may not be extended to protect family members.[23]
Pursuant to the DVA, the Ministry of Social Development and Human Security is legally required to prepare an annual report on the number of domestic violence cases, the number of protective orders or measures, the number of violations of the said orders/measures of the relevant officials or the court and the number of settlements.
Please refer to this link for previous annual reports (it is only available in Thai): http://violence.in.th/publicweb/Stat.aspx.In a welfare protection case, the victim must attend a hearing.[27]
Pursuant to the DVA, during the investigation or trial, the Juvenile and Family Court is entitled to order welfare protection measures or any order, as it deems appropriate.[29] The court can also decide whether the provisional relief measures issued by the competent official can continue to be enforced after 48 hours. If the court disagrees with such measures, it is entitled to revise, amend or revoke the orders, including prescribing additional conditions.[30]
Similarly, under the FIA, the court has the discretion to order welfare protection measures.[31]Yes; however, it depends on the discretion of the competent official or the court.