Court-Ordered Injunctions & Restraining Measures in Thailand

In civil proceedings before Thai courts (whether district, provincial, or appellate) parties often require immediate legal protection to prevent harm, safeguard property, or preserve their rights. Thai law offers formal remedies through temporary injunctions and restraining orders, designed to stop the opposing party from taking actions that may worsen a dispute or cause irreparable damage while the case is ongoing.

Temporary injunctions can include orders to restrict the transfer, disposal, or concealment of assets, prevent actions that could harm the applicant, or maintain the current status until the court delivers a final decision. These measures remain effective until modified or lifted by the court.

Thai civil procedure ensures balanced consideration, giving both plaintiffs and defendants opportunities to protect their interests. Courts assess the necessity, proportionality, and fairness of injunctions, ensuring no party is unfairly disadvantaged during ongoing litigation.

Our service include:

Injunction assessment and legal strategy
Preparation of injunction applications
Defense against restraining measures
Asset protection and preservation requests
Court hearing and representation support
Enforcement and compliance oversight

Legal Framework for Temporary Injunctions

Protection Available to Plaintiffs

Plaintiffs pursuing civil claims (such as unpaid debts, lease violations, breach of contract, or other financial obligations) may request temporary legal measures if there is a risk the defendant might dispose of assets, hide funds, or act in a way that compromises the claim.

Under Section 254 of the Thai Civil Procedure Code, plaintiffs may submit an ex parte application for temporary relief either alongside their complaint or at any point prior to judgment. Measures available to plaintiffs include:

Seizure Before Judgment: Secures assets or funds held by third parties to prevent concealment or transfer before case resolution.
Temporary Restraining Orders: Prohibits defendants from continuing wrongful acts, breaching agreements, or taking actions contributing to the dispute.
Temporary Changes in Registration: Requests to amend or suspend registrations related to property under dispute, commonly applied to land, vehicles, or corporate assets.
Temporary Detention: In exceptional circumstances, courts may order limited detention to ensure compliance.

Plaintiffs must demonstrate reasonable grounds for protection and provide evidence supporting the necessity of the requested relief. For example, proof of intent to transfer or alter property registration is required when seeking to prevent asset disposition.

Protection Available to Defendants

Defendants are also entitled to protection under Thai law. Section 253 of the Civil Procedure Code allows defendants to request that plaintiffs deposit funds or provide security to cover potential court costs.

This is particularly relevant if:

The plaintiff is a foreign individual or company without domicile, business presence, or assets in Thailand.
There is a credible risk that the plaintiff may avoid payment of legal fees or court costs if the case is dismissed.

If granted, the plaintiff must comply within a specified period; non-compliance may result in temporary dismissal unless appealed or otherwise addressed. Defendants retain the right to appeal a denial, and procedural dismissal does not bar the plaintiff from refiling the claim.

Importance of Temporary Injunctions

Temporary injunctions are critical tools in civil litigation for:

Protecting assets from concealment, disposal, or transfer
Preventing escalation of harmful or wrongful conduct
Maintaining fairness during ongoing proceedings
Safeguarding both Thai and foreign parties
Strengthening enforceability of final judgments

In disputes involving debt recovery, commercial conflicts, or high-value property, seeking an injunction is often strategically essential to minimize the risk of losing access to compensation or rights.

How BASE Law Firm Can Assist

At BASE Law Firm, we provide full support for obtaining and defending temporary injunctions and restraining orders in Thailand. Our services include:

Assessing the necessity and legal basis for injunctions
Preparing and filing applications with supporting evidence
Defending clients against injunctions filed by opposing parties
Representing clients at hearings, negotiations, and court proceedings
Providing strategic guidance to ensure optimal outcomes

Our experienced attorneys work closely with clients to develop tailored strategies, ensuring that legal protections are secured effectively while safeguarding long-term interests.

Contact BASE Law Firm

If you require assistance with obtaining a temporary injunction or defending against one, BASE Law Firm is ready to provide expert guidance and representation. Contact us to discuss your situation and receive clear, actionable legal advice for your civil dispute in Thailand.