English
EspañolIf I was granted an order restricting abusive litigation, what happens if the abuser files new court papers?
If you have received an order restricting abusive litigation, the abuser is required to ask the court for permission before filing a new case or serving papers in an existing case against you. Then, the court will notify you that a hearing is being scheduled to decide on the request. You have the right to appear at that hearing if you wish to participate, and if you choose not to appear in person, the judge will expect you to file a written response.1
If the judge believes that the abuser’s proposed legal filing would be abusive, the judge will deny or dismiss it.2 If the judge believes that the new action is not abusive, the judge will issue an order allowing it. This court order must be included when the abuser’s legal papers are served on you.3
If you receive papers from the abuser that do not include a court order allowing the papers to be filed or served, then all you need to do in response is to file a copy of the order restricting abusive litigation. You do not have to respond in any other way. If the legal papers ask you to appear for depositions, you do not have to attend.4 The judge will dismiss or deny the abuser’s case and may take any other actions that are necessary and appropriate to deal with the violation of the order restricting litigation.5
1 RI Gen. Laws § 8-8.4-5(a), (b)
2 RI Gen. Laws § 8-8.4-5(c)
3 RI Gen. Laws § 8-8.4-5(d)
4 RI Gen. Laws § 8-8.4-5(g)
5 RI Gen. Laws § 8-8.4-5(h)
My request for an order restricting abusive litigation was denied. What will happen next?
If after you present all of your evidence, the judge decides that the litigation against you is not abusive, the judge is required to issue a written order explaining why. The case that the abuser has brought against you will then proceed normally and you will be expected to participate in it.1
You can read more about appealing an order if you believe the judge made an error, and you can look for a lawyer if you need advice on your options at this stage. If you are hoping to prevent the abuser from contacting you outside of court, you may also want to read about domestic violence restraining orders and sexual assault protective orders to see if you qualify for either.
1 RI Gen. Laws § 8-8.4-4(c)
