Abstract:
The objectives of this research on Legal Issues on the Enforcement of Domestic
Violence Victim Protection Act, BE 2550 are 1. To study the concepts and the theories of the
Act 2. To study Thai and foreign laws relating to the protection of domestic violence victims
3. To study legal issues and limitations of the Act and 4. To find legal solutions to revise the Act.
The study found that the legal issues on Domestic Violence Victim Protection Act,
BE 2550 is the enforcement. Firstly, this Act only requires those who see or know domestic
violence to report to the competent official. However, it does not impose any penalty on those
who do not report to the competent official. Secondly, if the offense under this Act which is also
an offense in other laws is committed, the court must adjudicate and impose the maximum
penalty in accordance with Thai Criminal Code Section 90. Therefore, the enforcement of such
Act which designates Juvenile and Family Court to adjudicate is not enforceable due to the fact
that the offense under this Act imposes a lower maximum penalty.
The two legal issues as mentioned above have resulted in the domestic violence lawsuit
which is not in compliance with the objectives of Domestic Violence Victim Protection Act, BE
2550. This Act; therefore, should clearly specify Juvenile and Family Court to adjudicate
domestic violence cases and impose criminal penalties for those who see or know domestic
violence but do not report to the competent official in order to enhance the enforcement of this
law.