Bill > S1205

This bill introduces a new legal mechanism to prevent what it terms "controlling and abusive litigation" in cases involving family or household members with a history of abuse or harassment. The legislation allows a party to request a court order restricting litigation if one party has been found to have committed abuse against the other, and the litigation appears to be primarily aimed at harassing, intimidating, or maintaining unwanted contact. The bill defines controlling and abusive litigation as legal actions that lack legal merit, have no evidentiary support, or involve repeatedly litigating issues that have already been unfavorably resolved. If a court finds such litigation exists, it can dismiss pending cases, impose financial penalties, award attorneys' fees, and place prefiling restrictions on the perpetrator for 4-6 years. The perpetrator would then be required to seek court permission before filing any new legal actions against the protected party, with a judge or designee carefully reviewing the proposed litigation to ensure it is not another attempt at harassment. The bill provides detailed procedures for how such reviews would be conducted, including potential virtual hearings and specific guidelines for granting or denying permission to file new legal actions, with the ultimate goal of protecting victims from being repeatedly dragged into court as a form of continued abuse.

Justice

https://malegislature.gov/Bills/194/S1205