How can I request an order restricting abusive litigation?
You may request an order restricting abusive litigation in any of the following ways:
- in any answer or response to the abuser’s litigation being filed, started, or continued;
- by a motion made at any time in an ongoing court case;
- in an answer or response to any motion or request for an order;
- orally in any court hearing; or
- by filing a petition.1
If the abusive litigation is happening in District or Family Court, you can make your request for the order directly to the court where the litigation is happening. If nothing has been filed by the abuser yet, for example if the abuser is serving you un-filed papers directly in order to harass you, then the request for an order restricting abusive litigation must be made in Superior Court.2
1 RI Gen. Laws § 8-8.4-2(b)
2 RI Gen. Laws § 8-8.4-2(c), (d), (e)