When receiving a subpoena Sued for adultery How to solve the problem? Do we have to go to court ourselves? What are the guidelines for fighting the case? What will the process be like? How much money will I have to spend?

Today I will tell you about it

The first thing you must do when being sued for adultery

1.If you have a real relationship, you must stop the relationship immediately.

When you receive a court summons for adultery. Whether it’s true or not The first thing you should do is You must immediately end or demote your relationship with the person you are accused of having an affair with.

If you happen to be in a relationship with a person without knowing that that person already has a spouse. You should break up or end the relationship immediately.

Or even if you are not in a romantic relationship, you may just be friends who know each other. colleague business partners If your spouse misunderstands you, you should reduce the level of your relationship. or maintain distance between each other

This is because your behavior after being sued is an important issue that the court will use as an issue in determining damages to the plaintiff.

If you have been sued and still do not fear the jurisdiction of the court. Still having a relationship with a person who is known to have a spouse It would cause the court to award higher damages to the plaintiff.

But on the other hand, if you are sued, you end the relationship immediately. Have stopped being involved in an affair or distanced yourself and kept your distance This would cause the court to be merciful in awarding less damages to the plaintiff.

Therefore, the first thing that should be done after receiving the court summons is to end the relationship with the person who already has a spouse.

2.Do not transfer assets to escape debt

Many people are prosecuted for adultery. Instead of finding a way to solve the problem or fight the case.

But he thought of a way to avoid the problem. By manipulating the property you have, such as a house, car, land, or other property in the name of another person or someone close to you to prevent it from being confiscated.

This method is very wrong. Because of the truth, in adultery cases, the court will not award a large sum of money. If the behavior is not serious

Transfer of property or debt may not be necessary. Because you may not have to spend so much money that you can’t afford it.

Moreover, If you transfer property to escape debt and the plaintiff finds out about it, you may face criminal charges for defrauding creditors as well.

Instead of being sued as a civil case, there will be additional criminal charges. Therefore, it is something that should not be done very much.

3.Collect evidence immediately

If you are confident that you did not act as the plaintiff has accused you. Not being an adulterer or revealing yourself to be in an adulterous relationship.

Or you may have made the mistake of not knowing that he already has a spouse. I have no intention of getting involved with someone who has a spouse.

In such cases, you must quickly collect various evidence. Such as chat line where you talk with the said person. Chat line to talk with other related people Evidence of telephone conversations and other relevant evidence

This is because collecting evidence early before the case is considered, which is a new event, makes you still remember the stories and sequence of events well.

And some evidence, if left too late, will be difficult to collect later, such as evidence of conversations via line or evidence of staying at CCTV cameras in various locations. etc.

During this time, if you have time And when I was conscious I would like to print or write the story from the beginning of getting to know the parties. Until being sued To be used as information for proceeding to the next step.

By writing a story, there are many benefits, namely: It will serve as a reminder of yourself over time. Because the longer time passes We often do not remember all events very clearly.

And it is a compilation and review of the story in another way as well. Moreover, it will be very helpful in your lawyer’s work. Because the lawyer will be able to check the basic information from the story that you have compiled.

4. Hurry and contact a lawyer

When you have received the summons and a copy of the complaint. You must submit your statement within 15 days from the date of receipt of the summons.

So after you have gathered all the evidence and facts, you should immediately see a lawyer. So that the lawyer can prepare to make a statement for you.

When you meet with the lawyer, you should tell the lawyer the whole truth. Don’t hide it at all.

The lawyer will need all the truthful facts from you. In order to properly fight the case and find a solution to your problem.

If you lie or do not tell the whole truth to your lawyer, The lawyer may have framed the case incorrectly. Or find a way to solve the problem for you in the wrong way that does not correspond to the truth, which will be detrimental to you later.

Guidelines for fighting adultery cases. How is it?

There are various approaches to fighting cases in adultery cases. I can only briefly divide it into 5 approaches:

1.Not in a romantic relationship at all

In this case, it is a case where we are not in an adulterous relationship with the plaintiff’s spouse at all. It might just be a co-worker. Be a study friend or are business partners It doesn’t have any significance in terms of an affair. It is only a misunderstanding of the plaintiff.

This case is something that doesn’t happen often because normally, before the plaintiff’s lawyer files a lawsuit, there must be evidence or enough basic information to find out. We and the plaintiff’s spouse actually have an affair, so we have filed a lawsuit.

But if we are confident that we are not in a relationship that has gone beyond the point of having an affair, You can fight the case according to the truth.

2.Accepted that there was a true romantic relationship but did not reveal it

This point of contention can be used only in the case where we are the woman who is involved with the husband of another person who is already married.

This is because in the case where the wife who has registered the marriage can sue the adulterer as the defendant. The behavior during adultery must include open behavior. Let other people be sufficiently aware of it, it is not just a secret relationship. Or have only a temporary relationship.

So in the case where we are the woman who interferes with the plaintiff’s husband. If our adulterous behavior is not disclosed, no one else knows, or the relationship is only temporary. We can raise this issue and fight. (It’s a legal gap)

But in the case where we are the man who has affairs with other people’s wives. We cannot raise this issue in any way.

Because in the case where a husband who has registered a marriage will sue another man for interfering with his spouse, even if the adultery is not disclosed or no other person is aware of it, the husband can Can sue

You can read more details on this issue in the following article

รู้หรือไม่ ? การฟ้องชายชู้ กับ การฟ้องหญิงชู้ มีหลักเกณฑ์แตกต่างกัน

3.Accept guilt according to the lawsuit but request a reduction in the amount of compensation.

In cases where we know that we have actually committed an offense, we have actually had an affair or revealed ourselves to be having an adulterous relationship with the plaintiff’s spouse. It might be because of an unintentional mistake. Or is it for any reason?

In this kind of case, we should admit our fault and request compensation to the plaintiff as appropriate. They may contest the issue of damages by arguing that the behavior of committing adultery is not very serious. At present, she has stopped associating with the plaintiff’s husband. We are low-income individuals without a lot of assets. The plaintiff’s family was not of high social standing. Request to fight the case to reduce the amount of damages filed by the plaintiff.

4. They argue that they are in a real relationship but don’t know that they already have a spouse.

In case we don’t know. The plaintiff’s spouse has a marriage certificate or already has a lover. It may be because while the plaintiff’s spouse was flirting with us or having a relationship with us, he didn’t tell us. Or has other behaviors that make us not know that he already has a spouse.

This case is according to law. It is still considered that the plaintiff still has the right to sue us for compensation. We cannot cite this as a reason to avoid legal liability in any way.

However, if we are able to fight the case and follow the truth that we do not know that he already has a spouse, the damages that the court will determine will be greatly reduced because It is considered that we have no intention.

5.Fighting over the statute of limitations

Normally, adultery cases have a statute of limitations of 1 year. Therefore, if the events that occurred in this case have been more than 1 year ago and the plaintiff himself is aware of this, for more than 1 year, it is considered that the case has expired and we can raise this issue to fight.

How you fight the case depends on the facts and evidence you have. Give it to the lawyer.As mentioned earlier, it is very important to tell the entire truth to your lawyer. Because it will allow the lawyer to formulate a correct defense according to the truth.

For example: If you conceal it from your lawyer, such as saying you are not in a romantic relationship at all. But if evidence appears in court that there is evidence of adultery or an actual affair, it will cause you to lose benefit and may be guilty of perjury as well.

What is the court process like?

Normally, the first court date is scheduled. It will be a mediation appointment. The defendant, if he has already appointed a lawyer You can go to court or not.

Because normally a lawyer has a duty to go to court on behalf of the defendant in the first appointment. If you have any business or the lawyer has already defaulted on another case, the case can be postponed once, which is normal.

However, if you attend the mediation negotiations in person. This usually results in a successful mediation and a quick resolution of the case. rather than just sending a lawyer. Because normally you are the person who knows the story best. and be able to make the best decision in mediation

This first mediation negotiation meeting. The court appoints a family mediator to mediate so that both sides can find an agreement.

If both parties can agree, a compromise contract will be made and every party has a duty to comply with that compromise contract.

For example, entering into a compromise agreement that the defendant will agree to pay compensation in the amount of …. baht

Or make a compromise agreement that the defendant will not be involved with the plaintiff’s spouse in an adulterous manner again. If violated, a fine must be paid….baht each time.

If both sides can reach an agreement, the case will end in mediation once only.

If you are truly wrong, what should you do?

If you actually have an adulterous relationship with the plaintiff’s spouse. Should mediate and pay reasonable money to the plaintiff.

However, if they negotiate and cannot reach an agreement. The plaintiffs want to claim damages that are unreasonably high and inflated. You must continue to fight the case, with the court deciding the appropriate number.

Which is normal if we show remorse or no intention. The court will determine the damages not too high.

If it is not true, what should I do?

In the event that we do not interfere with Spouse of the plaintiff Or it may not enter into legal matters that can be prosecuted, such as in the case where we are women. and did not openly associate with the plaintiff’s husband.

In that case, we should fight the case according to the truth. You may prepare evidence to explain on the day of the mediation that we really did not commit the crime as accused. It is a misunderstanding.

If you meet with the plaintiff’s side and a reasonable plaintiff’s lawyer,  You may agree to withdraw the lawsuit or promise to compromise and the case will end. They may make an agreement that they will not get involved or act in a way that risks misunderstanding each other again.

If unable to reach an agreement, examine witnesses and let the court decide the case.  

What is the examination of witnesses?

In the process of examining witnesses, both sides have a duty to present evidence. including personal witnesses, document witnesses, or material witnesses Come present to the court in order to comply with your claims.

That is, the plaintiff’s side has a duty to bring evidence to show to the court that we had an adulterous relationship with the plaintiff’s husband. If the plaintiff cannot prove the case, the court must dismiss the case.

Personally, the defendant has a duty to examine evidence that shows the court that We are not involved or have an adulterous relationship with the plaintiff’s husband or wife.

When the examination of witnesses is completed The court will weigh the evidence from both sides. and judge according to the case picture

How long does it take for the case to end?

Normally, if an agreement can be reached in the mediation meeting. It won’t take long, just 1-2, but if they can’t reach an agreement, they will have to go through the process of investigating witnesses.

The court will set a date for hearing witnesses after mediation has not finished for approximately 3-6 months, depending on the queue and density of the court’s proceedings.

After the court has examined the witnesses, it will make a decision approximately 1-2 months after examining the witnesses. In summary, the trial process in the Court of First Instance will take approximately 6 months to 1 year.

And if any party is dissatisfied with the decision of the Court of First Instance, they must appeal. The Supreme Court continues to challenge the judgment. This part will take approximately 1-2 years.

Total time from fighting the case from the Court of First Instance to the Supreme Court is approximately 1-3 years, depending on the case.

Summary: approximately how many times will you have to go to court?

It’s normal when being prosecuted for adultery. We will have to go to court about 2 times. The first time is a mediation appointment. If we can pay and clear things up, it will be done in the first appointment.

But if the mediation is not completed, we will have to come to court at least one more time in the witness examination stage

For other days such as appointments ready. Appointment points at two places And most other operations can be represented by a lawyer.

How much does the court normally decide to award the plaintiff to win the case?

Usually, the court award in adultery cases ranges from tens of thousands, such as 50,000 baht, to the highest in Thailand, which is 1 million baht.

The number that the court will decide depends on many factors. such as the appearance and social status of every party The violent behavior of adultery Have the couple been married for a long time? etc.

You can read the details in the article below.

ฟ้องชู้ เรียกเงินได้เท่าไหร่ มีขั้นตอนอย่างไร รวม 10 หลักเกณฑ์และแนวทางปฏิบัติ ในการฟ้องชู้ ฉบับสมบูรณ์

How much is a lawyer’s fee to fight a lawsuit?

Each lawyer’s legal fees for legal defense are not the same. and there are no fixed criteria for determining But for me, this type of case It is considered a not difficult case. and not complicated The office of Pisit Srisang, a lawyer, will charge a professional fee for cases like this approximately 50,000 baht or depending on the difficulty of the case. and duration of travel and work

Hopefully readers will benefit from this article. If you have additional questions on any issue, you can ask via comments.

Express your opinion about this article

comments