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What is the definition of abusive litigation in Rhode Island?
“Abusive litigation” means a legal action taken in court or related to a court case that is intended to abuse, harass, intimidate, threaten, or maintain contact with you.1 It is often carried out by an abusive partner who is trying to keep power and control over a victim who has left the relationship or is in the process of trying to leave. Abusive litigation can be any kind of legal action, including but not limited to:
- filing or serving a summons, complaint, or petition;
- filing or serving a motion, notice of court date, or order to appear; or
- filing or serving a subpoena, subpoena duces tecum, interrogatories, request for production of documents, notice of deposition, or another discovery request.2
If you are facing abusive litigation, you may be able to ask the court to restrict the ability of the abuser to continue to file new cases or motions.
1 RI Gen. Laws § 8-8.4-1(1)
2 RI Gen. Laws § 8-8.4-1(4)
