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Abstract: 

In litigation by or between former domestic partners, abuse often takes the form of multiple and frivolous motions and filings, switching courts, bad faith requests for protective orders, extensive discovery requests, voluminous correspondence, violations of previous restraining orders or restrictions, unwanted contacts, communication irrelevant to litigation, harassment, and disturbing the peace. These tactics operate to continue the imposition of power and control, intimidate former partners and their loved ones, create psychological and emotional harm, instill fear, cause financial hardship, and damage reputation. Fortunately, courts are authorized to dismiss abusive litigation, place restrictions on future filings, and issue sanctions in order to prevent abusive litigation and protect domestic violence survivors from continued harm in the legal arena. In this issue’s column, we review six cases highlighting vexatious or abusive litigation in domestic violence proceedings, which establish that any type of abuse, even without threats or violence, is still abuse.

Keywords: Litigation Abuse; Vexatious Litigant; Strategic Lawsuit Against Public Participation (SLAPP); Relief From Abuse (RFA) Statutes

Affiliations:  1: Contributing Editor; 2: Associate Editor.