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EspañolCan 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?
