Michigan Litigation Abuse

Not every state has litigation abuse laws (statutes) in place. However, it can be important for you to understand litigation abuse so that you can recognize it. We have general information below that might be helpful. You can also find free and paid lawyers on our Finding a Lawyer page if you want to get specific advice about your situation.

What is litigation abuse?

When a victim ends an abusive relationship, the abuser may try to keep power and control by misusing the court system against the victim. For example, the abuser might:

• file repeated petitions or motions without a legal reason to do so;
• try to delay the process by asking to postpone one or many court dates  (adjournments);
• appeal the judge’s orders without a legal reason to do so;
• serve you with inappropriate demands; or
• take other actions that make you go to court again and again.

This type of behavior could be considered “litigation abuse”, also called “vexatious litigation” or something else along those lines.

Litigation abuse often takes place in divorces or other complicated cases, especially when both sides have to share documents and information before the trial. You can read more about this in our Preparing for Court - By Yourself section, under What if the abuser is using discovery as an abuse tactic?

What can I do if the abuser is filing many petitions or motions against me?

Unfortunately, litigation abuse can be challenging to deal with because people generally have the right to go to court and file cases. However, some states have started passing laws to protect victims from abusive litigation, recognizing that abusers often use the courts to keep contact with the victim or continue a pattern of abuse. In states that have litigation abuse laws, the judge may be more willing to do things like limit the abuser’s ability to file new court cases.

Even if your state does not have a specific abusive litigation law, you can still try to show the judge that the abuser is using the court in bad faith and ask the judge to punish the abuser. For example, you may file a motion asking the judge to make the abuser pay your legal fees each time s/he loses a case or motion against you. Sometimes, a financial penalty can be enough to make the abuser stop. If this is something you’d like to pursue, hopefully, a lawyer can help you figure out the process in your state.