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EspañolRhode Island: Abuso del Litigio
Abuso del Litigio
Información básica
What is the definition of abusive litigation in Rhode Island?
Abusive litigation is when the abuser uses the court system mainly to abuse, harass, intimidate, or threaten you, or as a way to have contact with you.1 This can include:
- filing lawsuits, complaints, or petitions against you;
- sending court notices, motions, or orders to appear;
- serving you with subpoenas, interrogatories, or requests for documents;
- sending deposition notices or other discovery demands.2
Abusive litigation often happens when an abuser wants to keep power and control over a victim who has left or is trying to leave a relationship.
If this is happening to you, you can ask a judge for an order restricting abusive litigation. This order can limit the abuser’s ability to file new cases or motions against you.
1 R.I. Gen. Laws § 8-8.4-1(1)
2 R.I. Gen. Laws § 8-8.4-1(4)
How can a judge stop abusive litigation?
If a judge decides that litigation is abusive, s/he can dismiss or deny the case or legal request “with prejudice.” This means the abuser cannot file it again.1
A judge can also give an order restricting abusive litigation. The order could make the abuser do any or all of the following:
- pay your attorney’s fees and other legal costs of responding to the abusive litigation;
- reimburse you for expenses like:
- court fees;
- lost wages;
- transportation costs; and
- childcare costs; and
- get a judge’s permission before filing any new cases against you or your children, known as a “pre-filing restriction;” and
- follow any other condition that the judge believes is necessary and appropriate.2
1 R.I. Gen. Laws § 8-8.4-4(a)
2 R.I. Gen. Laws § 8-8.4-4(b)
How do I prove the abuser is using abusive litigation?
A judge will assume the litigation is abusive if you can prove one of the following:
- You and the abuser had the same or a substantially similar case in the same or another court within the past five years;
- A judge already made a decision or dismissed a case about the same or a substantially similar issue in the last five years, after considering the evidence, facts, and the law (“a decision on the merits”);
- A judge punished (sanctioned) the abuser in the last five years for filing a baseless (frivolous), harassing (vexatious), hardline (intransigent), or bad faith case against you;
- A judge already ruled that the abuser used abusive litigation and placed a pre-filing restriction on him/her;
- The abuser’s legal claims are not based on existing laws or a reasonable argument for changing the law;
- The abuser’s claims lack evidence, and s/he is unlikely to find enough proof later after further investigation; or
- The abuser already lost the same issue in another court case after it was litigated in court and presented to the judge for a decision.1
If you can show one of the seven factors listed above, it creates what is called a “rebuttable presumption.” This means the judge will assume the abuser did file abusive litigation, and it is up to the abuser to prove otherwise.1
1 R.I. Gen. Laws § 8-8.4-3
Obteniendo la orden
Can I request an order to stop abusive litigation?
You can request an order to stop abusive litigation if two things are true:
- The person using abusive litigation is either:
- your current or former family or household member; or
- someone who has a civil order against him/her or a criminal conviction for stalking or sexually assaulting you; and
- A judge has already decided that this person committed domestic abuse, stalking, or sexual assault against you.1 You can prove this with the documents listed in What documents can I use to prove that the person filing abusive litigation abused me?
A family or household member means:
- your current or former intimate partner;
- your current or former spouse;
- someone related to you by blood or marriage;
- someone who currently lives with you or has lived with you in the last three years;
- someone you have a child with; or
- someone you are currently dating or have dated or been engaged to in the last year.2
1 R.I. Gen. Laws § 8-8.4-2(a)(1), (a)(2)
2 R.I. Gen. Laws § 8-8.4-1(2)
What documents can I use to prove that the person filing abusive litigation abused me?
Whether the abuser is a family or household member or someone who stalked or sexually assaulted you, you must show that a judge has already decided that this person committed domestic abuse, stalking, or sexual assault against you.
You can provide any of these documents to the judge as proof:
- a final domestic violence restraining order;
- a final protective order from a divorce or custody case, under section 15-5-19 of the law;
- a no-contact order;
- a final sexual assault protective order;
- a final abuse prevention order from any state, U.S. territory, or federally recognized Indian tribe, as long as it is similar to Rhode Island’s orders;
- a final order for alimony or child custody that includes a determination (“finding”) of abuse;
- a criminal conviction, plea of no contest (“nolo contendere”), or criminal charge in any state for a crime listed in section 12-29-2 of the law;
- a pending domestic violence criminal charge in any state, where the court has placed conditions on the abuser’s release to protect you; or
- a sworn statement (affidavit) from a domestic violence or sexual assault advocate or counselor from an agency that helps victims stating that a judge determined that this person committed domestic abuse, stalking, or sexual assault against you.1
1 R.I. Gen. Laws §§ 8-8.4-1(1)(ii)(A)-(H); 8-8.4-2(a)(2)(i)-(viii)
How can I request an order to stop abusive litigation?
You may request an order to stop (restrict) abusive litigation, in any of the following ways:
- in your answer or response to the abuser’s litigation being filed, started, or continued;
- in a motion you file at any time during an ongoing court case;
- in your answer or response to the abuser’s motion or request for an order;
- during a court hearing, by saying your request orally; or
- by filing a petition.1
If the abusive litigation is happening in district, family, or superior court, you can file a motion in the same court asking the judge for an order restricting abusive litigation. However, if the abuser hasn’t filed a case yet, then you would request an order by filing a petition in superior court.2 An example of abusive litigation when there isn’t a case yet is if the abuser serves you court papers that haven’t been filed in order to harass you. To see the court forms for filing a motion or petition, go to Are there forms available to help me request an order restricting abusive litigation?
1 R.I. Gen. Laws § 8-8.4-2(b)
2 R.I. Gen. Laws § 8-8.4-2(c), (d), (e)
Is there a fee to request an order restricting abusive litigation?
There is no filing fee to request an order restricting abusive litigation.1
1 R.I. Gen. Laws § 8-8.4-2(h)
Are there forms available to help me request an order restricting abusive litigation?
Rhode Island courts have sample forms that can make it easier to request an order, especially if you don’t have a lawyer. Here are links for the forms that may be used in different courts:
- Superior Court Motion for Abusive Litigation;
- Superior Court Petition for Abusive Litigation;
- Family Court Motion for Abusive Litigation; and
- District Court Motion for Abusive Litigation.
You can find more court forms on the Rhode Island Judiciary website. To learn more about which court to file in, see How can I request an order restricting abusive litigation?
Después de la audiencia
If I was granted an order restricting abusive litigation, what happens if the abuser files new court papers?
If you have an order restricting abusive litigation, the abuser must get permission from a judge before filing a new case or serving legal papers in an existing case against you.
Here is what happens next:
- The court will notify you that a hearing is being scheduled to decide if the abuser’s request is allowed.
- You have the right to attend the hearing in person, or it might be possible to attend remotely. If you can’t attend at all, the judge will expect you to file a written response.1
- If the judge decides the abuser’s proposed legal filing is abusive, the judge will deny or dismiss it.2
- If the judge decides it is not abusive, the abuser can move forward with the case. When you get served with the new legal papers filed by the abuser, it must include a copy of the judge’s order allowing the case.3
If you get legal papers from the abuser without a court order allowing the papers to be filed or served, all you need to do is file a copy of your order restricting abusive litigation. You do not have to respond in any other way. If the legal papers ask you to appear for a deposition, you do not have to attend.4 The judge will dismiss the case and may take further action against the abuser for violating the order restricting abusive litigation.5
1 R.I. Gen. Laws § 8-8.4-5(a), (b)
2 R.I. Gen. Laws § 8-8.4-5(c)
3 R.I. Gen. Laws § 8-8.4-5(d)
4 R.I. Gen. Laws § 8-8.4-5(g)
5 R.I. Gen. Laws § 8-8.4-5(h)
My request for an order restricting abusive litigation was denied. What will happen next?
If the judge decides that the case against you is not abusive, the judge will write an order explaining why. The abuser’s case will then continue as usual, and you will be expected to participate in it.1
If you think the judge made a mistake, you can look into appealing the decision. You may want to talk to a lawyer to understand your options. If you want to stop the abuser from contacting you outside of court, you might consider applying for domestic violence restraining order or sexual assault protective order if you qualify for either.
1 R.I. Gen. Laws § 8-8.4-4(c)
