Bill > SB738

This bill, known as the Reclaim Act, aims to address litigation abuse in domestic violence cases by expanding protections for survivors and limiting abusive legal tactics. The bill modifies existing laws to broaden the definition of a "vexatious litigant" to include individuals who commence litigation against domestic violence victims, whether during an active restraining order or after a domestic violence conviction. Key provisions include allowing victims to petition to have their abusers declared vexatious litigants with reduced barriers, prohibiting plaintiffs subject to restraining orders from seeking discovery information without court authorization, and empowering courts to issue ex parte orders preventing frivolous litigation intended to harass or maintain contact with victims. The bill recognizes litigation abuse as a serious form of ongoing domestic violence that can cause psychological and economic harm to survivors. By expanding judicial discretion to prevent such abuse, the legislation seeks to promote the safety and well-being of domestic violence survivors, reduce their risk of continued harassment through legal systems, and provide them greater freedom from their abusers. The bill also makes several technical amendments to existing civil procedure and family code sections to implement these protections, reflecting a comprehensive approach to addressing the complex dynamics of domestic violence and legal harassment.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB738