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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)
