Section 362 : Trespass + Section 364 : Enters into the Property of another

[justin case]

Section 362. Trespass
Whoever, entering into the immovable property belonging to the other person so as to take possession of such property in whole or in any part or entering into such property to do any act disturbing the peaceful possession of such person, shall be imprisoned not out of one year or fined not more of two thousand Baht, or both.

 

Section 364. Enters into the Property of another
Whoever, without reasonable cause, enters or hides himself in a dwelling place, store-house or office under the possession of the other person, or refuses to leave such place after having been told to do so by the person having the right to forbid him from entering, shall be punished with imprisonment not exceeding one year or fined not exceeding two thousand Baht, or both.
 

Recently divorced... by mutual court agreement, I can stay in the house to take care of my child in the familial home.

 

I invited my mother to come for a yearly visit as she did for many years as my ex-wife refuses to give my child's passport to go visit her grandmother during next October school closure.

 

My ex-wife found out , thank you spying neighbor and reported to my wife...

 

Got a letter from my ex-wife lawyer about sections 362 and 364.

 

Wife threatens my mother has to leave the house asap or police will show up to be jailed.

 

What are the chances the police actually shows up and actually detains and jails my  70+ years mother for living with me for a few weeks while she is just visiting me and my child ?

 

 

[jackdd]

If this is your wife's house legally she can of course say who is allowed to stay there.

Usually your wife doesn't stay at this house, but you live there alone with your daughter?

It does of course sound ridiculous of she doesn't let your mother stay in this case.

 

Is the house in the city or somewhere outside?

In case it's more remote, i would just try it the Thai way:

A week or two before your mother will stay with you take some bottles of whiskey and visit your "phu yai baan" and your local police station. Have a talk with them, explain your situation, and they will probably understand you. If they are on your side nothing will happen if your wife should really decide to call them ????

Edited July 15, 2019 by jackdd

[asiaexpat]

Very thin legal grounds for prosecution since you legally have possession to he house (assuming it is the divorce agreement and registered at the district office.) This appears to be harssament and a family matter which police will usually not get involved (unless some payoff.) 

[steven100]

she sounds like a nice piece of work.

Anyway, I would get a letter from a lawyer and indicate you may countersue for harassment and invasion of privacy.

Of coarse it all depends what legal ground you have with the dwelling your in because that's what it all boils down too. Are you the legal owner ? are you the legal tenant ? are you renting it from her ? 

 

oh … I almost forgot …. and go tell the neighbour to f#*k off and mind her own business.

Edited July 15, 2019 by steven100

[justin case]

Divorce agreement in court , gives me the right "on paper" to live there till my daughter turn 20.

 

No rent contract... my ex-wife got already everything in the divorce

 

Ex-wive moved out many months ago, but it is her house and land. 

 

But she loves to create more stress.

 

I still have to go with the court judgement to the amphur, but waiting for my ex-wife would to do, so I don't need the 2 Thai witnesses, which I don't have anyway specially neighbor is off course Thai and on her side, hence the free spying service.

 

 

 

[Guest]

9 hours ago, steven100 said:

she sounds like a nice piece of work.

 

8 hours ago, justin case said:

But she loves to create more stress.

Sounds just like my ex wife as well.

 

They just LOVE to put foreigners in deep troubles, mine has attempted to send me to jail (she succeeded for 1 day then I was bailed out), then tried to prevent me from ever re-entering Thailand again and is now trying to get me permanently banned from Thailand.

 

Verdict on the upcoming 24th of October.

[ThomasThBKK]

If you have the right to live there, you are the possesor at bare minimum, let's just say you are the housemaster.

You can invite guests how you want, assuming they don't damage the property.

 

Sounds like BS only a thai lawyer would come up with, would countersue or throw in trash - depends how you are financially and how much you want to go on your ex wifes tits.

 

How does she try to get you banned, if i may ask?! the only way to do so is a criminal prosecution... she's a true nutter thats for sure

 

Who has the rights to the child? 

Edited July 16, 2019 by ThomasThBKK

[justin case]

ex-wife came with ... surprise surprise... the police

 

traffic cop, brought in with one of her lawyers, suddenly came a lawyer himself, judge and jury

 

off course did not speak a word of English

 

apparently, I have 0 rights, except pay for everything, shut the f. up 

 

ex-wife with 2 lawyers + cops by her side, FORCED my daughter on the way from school, to go with her or my mother could/would face charges, plus me, plus new lawsuit in the making + more bullshit on the way for sure ...

 

I was not allowed to inform my daughter that my divorce agreement stated that IF she did not want to go, she could not be forced, but understood me & my mother would face instant more s.hit if she did not go with her estranged mother