Fighting Domestic Violence

Thailand

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6. Special issues
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6. Special issues Start Comparison
6.1 Battered woman syndrome
6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

Yes, for example, the lawyer may consider presenting evidence that shows that the battered woman committed the crime due to self-defense.

Under the FIA, if the domestic violence is also a criminal offense whereby the court has ordered the offender to be under welfare protection measures and the offender has duly complied with the measures, the offender is entitled to submit a statement regarding the fact that the offender has been a victim of domestic violence and it severely affected their body or mind to the court for the court to consider reducing the criminal penalty.[44]

6.2 Domestic violence in the workplace
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

 No.

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

Under Thai law, the employer can terminate the employee at any time, provided that advance notice and other statutory and contractual payments are properly paid to the employee. If the employer wishes to terminate the employee immediately without severance pay, the employee's termination must fall under at least one of the six statutory grounds (e.g., if the employee violates any rules and regulations or lawful orders of the employer for which a warning in writing has been given by the employer and the employee repeats the same violation within one year from the date of the violation, except in serious cases in which the employer is not required to give a warning). However, there is the concept of unfair termination under Thai law.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

It depends on the employer. For example, the employer may consider allowing the employee to take this leave as business leave as the employer deems appropriate.

6.3 Immigration
6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?
No.
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

 No.

6.3.3 Does domestic violence law discuss asylum accessibility?
No.
6.4 Armed forces
6.4.1 Can a victim seek a military protective order if the abuser is in active military?

No.

6.5 Child custody and child/spousal support
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

Under the DVA, generally, the court will consider the protection of the domestic violence victim's rights; the reservation and protection of the marital status (if the marital status cannot be preserved, the divorce will be completed with fairness and minimum damage by considering the welfare and future of the child as a priority); family protection and support (especially when the family is responsible for taking care of and providing education to the family member who is a minor); and the different measures to assist the husband and wife and family member to live in harmony and to improve the relationship between themselves and a child.[45]

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes.

6.6 Housing rights of domestic violence victims
6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

No.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

No.

6.6.3 Can an order exclude the abuser from the residence?

Yes. The provisional relief measure under the DVA includes the order prohibiting the offender of domestic violence from entering the residence of the family or approaching an individual in the family.[46]

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.

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?
It depends on the discretion of the court.
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