Abuso del Litigio

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:

1. The court will notify you that a hearing is being scheduled to decide if the abuser’s request is allowed.
2. 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 
3. If the judge decides the abuser’s proposed legal filing is abusive, the judge will deny or dismiss it.² 
4. 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)