Developing a Restorative Justice System to Address Domestic Violence

Abstract

This study aims to: (1) examine the existing problems and the development of a restorative justice system as a means to address domestic violence; (2) study the laws and the application of restorative justice in resolving domestic violence in Thailand and in selected foreign jurisdictions; and (3) propose legal mechanisms for integrating restorative justice into the domestic violence context. The research employs a qualitative methodology, drawing upon books, academic articles, research studies, and relevant documents. The collected data are analyzed, synthesized, and presented descriptively to explore appropriate approaches for developing a restorative justice system suitable for addressing domestic violence in Thailand. Consideration is given to the feasibility, effectiveness, and limitations of applying restorative justice principles, as well as the development of related legal and policy mechanisms.

The findings reveal that: (1) the current processes for addressing domestic violence do not sufficiently meet the needs of victims and families due to the unique relational dynamics between victims and offenders. Restorative justice, therefore, offers a potentially suitable alternative for managing domestic violence cases; (2) in Thailand, the Domestic Violence Victim Protection Act B.E. 2550 (2007) was enacted to provide a distinct procedural framework that differs from general criminal cases, with an emphasis on rehabilitation, prevention of reoffending, and restoration of family relationships. However, despite the implementation of protective measures, domestic violence remains widespread. In contrast, foreign jurisdictions such as the French Republic incorporate restorative justice mechanisms into their Code of Criminal Procedure, including two diversionary measures—mediation and temporary protection orders—to safeguard victims of domestic violence;

This study proposes recommendations for developing a restorative justice system to address domestic violence. Legal recommendations include incorporating restorative justice procedures into the Domestic Violence Victim Protection Act, ensuring that such processes are voluntary and supervised by authorized state agencies, and emphasizing dispute resolution, victim reparation, and family relationship restoration. Policy recommendations include: (1) establishing “Community Restorative Justice Centers” under the Office of the Attorney General; (2) strengthening victim protection and post-restorative monitoring mechanisms; (3) developing specialized training programs for restorative justice practitioners; and (4) creating systematic monitoring and evaluation mechanisms.