Domestic violence extends beyond physical harm. In many cases, it continues in courtrooms where abusers misuse legal processes to maintain control over survivors. This tactic, known as litigation abuse, is now recognized under California law, which provides specific protections to shield survivors from continued harassment. Understanding these legal safeguards is essential for survivors and their advocates navigating the legal system.
What Is Litigation Abuse?
Litigation abuse occurs when an abuser manipulates court procedures to harass, intimidate, or control the survivor. These tactics mirror the power and control dynamics seen in abusive relationships and are strategically designed to wear down the survivor's emotional, financial, and legal resilience.
- Filing repetitive or meritless motions
- Making excessive and intrusive discovery requests
- Prolonging legal proceedings unnecessarily
- Using court appearances to force contact with the survivor
- Attempting to financially drain the survivor through legal fees
- Filing false accusations or counter-allegations
These behaviors can discourage survivors from pursuing protection through the courts, making it vital that survivors recognize them and seek legal help early.
How California Law Defines Abuse Under the DVPA
The Domestic Violence Prevention Act (DVPA) in California defines abuse broadly. Abuse includes not only physical violence, but also behaviors that disturb the survivor's mental or emotional calm. This expansive interpretation allows courts to recognize litigation abuse as a valid form of domestic violence.
Recent court rulings reinforce this definition:
- Hatley v. Southard: Recognized that harassment and emotional harm can justify restraining orders.
- K.T. v. E.S.: Confirmed that coercive control, including legal system abuse, qualifies as abuse under the DVPA.
- Parris J. v. Christopher U.: Acknowledged behaviors aimed at maintaining control as grounds for legal protection.
These decisions strengthen the legal tools survivors can use to respond to litigation abuse, particularly when seeking or renewing domestic violence restraining orders in California.
Discovery Restrictions in DVRO Proceedings
California Family Code § 6309 places strict limits on discovery in domestic violence restraining order (DVRO) cases, reducing opportunities for legal harassment.
Limited Discovery by Default
Discovery under the Civil Discovery Act is not permitted unless the court grants approval. This restriction prevents misuse of discovery as a form of intimidation or harassment.
Good Cause Requirement
To obtain discovery rights, a party must show good cause. Courts consider:
- Whether the information is relevant and necessary
- The likelihood of trauma to the survivor
- The importance of resolving the case promptly
- Availability of less intrusive alternatives
Minimal Intrusion Rule
Even when discovery is approved, courts limit it to the minimum necessary scope. This ensures that survivors are not subjected to unnecessary legal invasions of privacy or emotional harm.
Restraining Orders and Legal Protections
Section 6320 of the DVPA authorizes courts to issue restraining orders that block many of the tactics associated with litigation abuse, including:
- Harassment or stalking through legal filings
- Threats or intimidating court behavior
- Unwanted contact initiated through legal means
- Conduct that disturbs the survivor's peace
In Navarro v. Cervera, the court ruled that “disturbing the peace” includes behaviors that disrupt the survivor's emotional calm, making it clear that litigation abuse falls under this umbrella.
Understanding domestic violence restraining orders under California law is essential for both survivors and their attorneys, as these legal tools offer powerful defenses against court-based abuse.
Additional Court Protections for Survivors
California courts have developed procedural safeguards to further protect survivors from being retraumatized through litigation abuse:
- Expedited hearings help reduce the timeline and opportunities for abuse.
- Fee waivers ensure that survivors are not financially burdened by seeking protection.
- Confidentiality measures can shield personal data from misuse.
For many survivors, these tools can help reduce the lasting impact of litigation tactics designed to manipulate or exploit the system.
How to Respond to Litigation Abuse
Survivors experiencing legal harassment can take proactive steps to protect themselves:
- Keep documentation: Record every legal filing, message, and interaction that shows a pattern of abuse.
- Inform the court: Use formal filings to highlight and explain the pattern of litigation abuse.
- Request court protections: Ask for limited discovery or consolidated hearings to reduce contact and stress.
- Retain legal counsel: An experienced domestic violence attorney is critical for fighting back effectively.
- Use community resources: Seek support from organizations that specialize in domestic violence cases and legal assistance.
In many cases, abusers who misuse the legal system also engage in digital harassment or other forms of coercion. Survivors may benefit from learning how federal law addresses internet-facilitated child exploitation, which includes tools for combating digital predators using similar legal tactics.
Legal Frameworks That Support Survivors
California's DVPA and recent case law provide an evolving framework that recognizes litigation abuse as part of the broader spectrum of domestic violence. Survivors can also benefit from understanding the process of renewing domestic violence restraining orders in California, as these orders may need to be extended when legal harassment persists over time.
Domestic Violence Litigation Abuse Defense Attorneys in California
If you are facing ongoing legal harassment from an abuser, you do not have to face the system alone. Bulldog Law is a California law firm with experience defending survivors from litigation abuse, restraining order violations, and complex domestic violence dynamics. Our attorneys understand how abusers manipulate the court system and how to use every available protection to shield our clients. Let us stand by your side and help you reclaim peace and safety through strategic, experienced legal representation.