Bill > H1594

This bill introduces a new legal mechanism to prevent what it calls "controlling and abusive litigation" in cases involving family or household members with a history of abuse. The legislation defines controlling and abusive litigation as legal actions initiated primarily to harass, intimidate, or maintain contact with another party, particularly in situations where one party has been found to have committed abuse against the other. Under this bill, a party can request a court order restricting such litigation if they can demonstrate that the legal actions are being used as a form of continued harassment. If the court finds that the litigation meets the defined criteria, it can dismiss pending cases, impose financial penalties on the perpetrator, award attorneys' fees to the victim, and place prefiling restrictions on the abusive litigant for a period of 48 to 72 months. Moreover, the bill establishes a process where a person subject to these prefiling restrictions must seek judicial permission before initiating any new legal actions, with a judge or designated official reviewing the proposed litigation to determine if it constitutes further abusive litigation. The goal is to provide a legal safeguard for victims of domestic abuse who are being repeatedly harassed through repetitive or frivolous legal proceedings, while still maintaining a pathway for legitimate legal actions.

Justice

https://malegislature.gov/Bills/194/H1594