Problems in the Enforcement of Laws on Domestic Violence: A Study of on Promotion, Development and Protection of Family Institutions Act, B.E. 2562 (2019)

Abstract

This research article aims to examine the background, concepts, and legal principles related to domestic violence, with particular emphasis on the issue of compoundable offenses in such cases. This study analyses the provisions of the Promotion and Protection of Family Institution Act B.E. 2562 (2019) to understand the spirit of the law and identify legal challenges in its implementation. The research is conducted through doctrinal legal analysis, drawing upon textbooks, academic articles, journals, theses, and online sources in both Thai and foreign languages. The findings reveal that the current definition of "domestic violence" does not sufficiently encompass emotional abuse, financial abuse, or controlling behavior—forms of violence that exist in modern Thai society. Additionally, the definition of "family members" does not include unmarried partners and same-sex couples. It is therefore necessary to revise and expand these definitions to better reflect contemporary social context. Moreover, classifying domestic violence as a compoundable offense may undermine the spirit of the law, which is to protect victims and reduce incidents of violence. The researcher thus recommends reconsideration of the compoundable status of such offenses. Comparative legal analysis of international and foreign legal frameworks is also undertaken to propose improvements on the Thai law to ensure more effective and equitable protection for victims of domestic violence.