Thailand Law Library

by Thailand Lawyer

In executing section 8, a competent authority who ranks not lower than a senior administrative or police officer under the Code of Criminal Procedure and who is authorised by the Minister shall be invested with the power to, by order, indicate certain provisional measures or reliefs in favour of the domestic violence victim, whether or not the victim requests therefor.

The provisional measures or reliefs shall only be indicated to the extent necessary and appropriate. They shall include the requirement that the victim be medically examined, the person committing the act of domestic violence provide relief money in agreement with his living condition, or the person committing domestic violence be prohibited from entering the residence of the family in question or from being near any of its members, and shall include the methods of child custody.

When a competent authority indicates one or several provisional measures or reliefs in keeping with paragraph 1, he shall refer those provisional measures or reliefs to the court within forty eight hours from the issuance of the order thereof. If the order is approved by the court, it shall continue to be in force.

In cases the court does not concur on the whole or part of the order indicating provisional measures or reliefs or if certain facts or circumstances have changed, the court shall forthwith hold an examination and issue any order. When the facts or circumstances ascertained do suffice to adopt any order, the court may amend, change or cancel the order indicating provisional measures or reliefs, render a different order, or stipulate additional conditions.

A person interested by an order of a competent authority or court under this section may, by written appeal, request the court to review the order; prescribed that the appeal must be entered within thirty days from the appellant's awareness of the order. Any judgment or order adopted by the court shall be final.

Any person who contravenes or fails to abide by an order given by a competent authority or court shall be liable to imprisonment for not more than three months, or a fine of not exceeding three thousand baht or both.