Thailand Injunctions & Restraining Orders. In the midst of a legal dispute in Thailand, you might find yourself needing to stop the other party from taking certain actions. This is where injunctions and restraining orders come in. Let’s delve into these legal tools and understand how they can be used in Thailand.
What are Injunctions and Restraining Orders?
- Injunction: A court order instructing a party to take a specific action (e.g., pay outstanding rent) or refrain from doing something (e.g., disposing of assets).
- Restraining Order: Similar to an injunction, but often issued on an urgent basis to prevent immediate harm.
When are They Used?
These orders are typically sought in situations where:
- The other party’s actions could cause irreparable harm to your property, business, or reputation.
- There’s a risk of evidence being destroyed or tampered with.
- The other party is breaching a contract.
Types of Injunctions in Thailand
Thailand’s Civil Procedure Code allows for various injunctions:
- Prohibitory Injunction: Stops the other party from doing something specific.
- Mandatory Injunction: Orders the other party to take a specific action.
- Mareva Injunction: Freezes the other party’s assets to prevent them from hiding them.
- Anton Piller Order: Allows seizing evidence from the other party’s possession.
How to Obtain an Injunction or Restraining Order
- Application: File an application with the court outlining the reasons for needing the order and the specific actions you want the court to enforce.
- Evidence: Provide supporting evidence demonstrating the potential harm or breach of contract.
- Hearing: The court may hold a hearing to hear arguments from both sides before granting or denying the order.
- Security: The court might require you to post a security deposit to compensate the other party if the injunction is later found to be unwarranted.
Important Considerations
- Temporary Measure: Injunctions and restraining orders are temporary measures granted during the legal proceedings.
- Not Guaranteed: There’s no guarantee the court will grant your request. The evidence presented plays a crucial role.
- Seek Legal Counsel: The process can be complex, so consulting a lawyer specializing in Thai litigation is highly recommended.
Conclusion
Injunctions and restraining orders can be valuable tools in protecting your interests during a legal dispute in Thailand. However, understanding the process and the limitations is crucial. By consulting a lawyer and gathering strong evidence, you can increase your chances of obtaining the order you need.
