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 for the time period listed on the order.1
If the abuser wants to file something new, s/he will have to appear before a judge. If the judge can tell that the proposed litigation is abusive just based on evidence presented by the abuser, you will not be required to participate in this hearing and the judge will simply dismiss the new case. If the judge cannot decide the issue based just on the abuser’s evidence, then the judge will schedule a hearing and notify you of your right to appear and participate. If it is possible, you will be allowed to appear remotely. The notice will also say whether you are expected to file a written response.2 The judge’s final decision will be made in writing.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
If the abuser is given permission to file the new case but later attempts to change the parties or issues in a way that the judge determines would be abusive litigation, the judge will pause (stay) the case and send it back to the judge who granted the permission for additional review.5
1 VT ST 15 § 1185(a)
2 VT ST 15 § 1185(b), (c)
3 VT ST 15 § 1185(d)
4 VT ST 15 § 1185(g)
5 VT ST 15 § 1185(f)
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 explain the decision either in a written order or orally at the hearing. 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 relief from abuse orders and sexual assault or stalking protective orders to see if you qualify for either.
1 VT ST 15 § 1184(c)
