[§634L-4] Procedure to request order restricting abusive litigation.

204 words·~1 min read·/hi/634l-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A party to a case may request from the court an order restricting abusive litigation if the parties are current or former intimate partners and one party has been found by the court to have committed domestic violence against the other party:

(1)In any answer or response to the litigation being filed, initiated, advanced, or continued;

(2)By motion made at any time during any open or ongoing case; or

(3)By separate motion made under this chapter; provided that for a temporary restraining order or order for protection, the motion shall be made within five years of the entry of the temporary restraining order or order for protection even if the order has since expired.

(b)Any court of competent jurisdiction may, on its own motion, determine that a hearing pursuant to this chapter is necessary to determine if a party is engaging in abusive litigation.

(c)No filing fee shall be charged to the party requesting an order restricting abusive litigation.

(d)This section shall not preclude the party requesting an order restricting abusive litigation from pursuing any other remedy under law or in equity. [L 2024, c 252, pt of §2]