A law to stop a tactic used by abusive partners to further intimidate domestic abuse survivors goes into effect on Wednesday, Jan. 1.
Abusive litigation is when an abusive partner files excessive, and often meritless, legal actions against their partner or former partner.
“The interesting thing about what happens with abusive litigation, and the example of a custody case is that it is a civil action,” said Hawaiʻi State Coalition Against Domestic Violence Director Angelina Mercado.
“When it's a civil action, it's an action that's between two individual parties and so you are accountable for those court fees, and for the lawyers and attorneys fees.”
Mercado explained that it’s just another way that abusive partners continue to terrorize survivors.
“Not only are you dragging somebody through the court process, it is the trauma of potentially losing access to your child, losing full custody, especially for somebody who has been abusive to you and the danger to you,” she said.
“But it's a tactic to really also further deem control over the person by exerting economic and financial power over them."
The new law will allow the survivor to request an order restricting this type of abusive litigation. If the court rules in favor of the survivor, not only would the abusive litigation be denied — the abuser would be financially responsible for legal fees. The abuser would also have pre-filing restrictions for up to six years.
Mercado hoped that in the future, they would be able to establish a safe leave system for survivors who need to take off from work.
Hawaiʻi is the sixth state to implement a law to limit abusive litigation.
