Custody

If the abuser keeps filing civil court cases against you without a lawyer,  known as “pro se,” and it’s meant to harass or harm (“maliciously injure”) you, this is known as “vexatious litigation.” An administrative judge can take steps to stop it by making a “pre-filing order.” This kind of order prevents the abuser from filing new court papers as a pro se petitioner without first getting the judge’s permission. To ask for a pre-filing order, you would make a motion to the district court judge or magistrate judge handling your case.¹

The judge can make a pre-filing order against the abuser if any one of the following is true:

• The abuser filed and lost at least three civil court cases in the past seven years. (Small claims court cases do not count.)
• After losing a case, the abuser kept filing or trying to dispute the same issue, challenge the judge’s decision, or bring another case about the same issue.
• During any court case, the abuser filed multiple baseless motions, pleadings, or other legal papers, conducted unnecessary discovery, or acted in another way that had no purpose or caused delay.
• A judge in another court case already determined that the abuser was a “vexatious litigant.”²

Note: This law is only about a pro se petitioner. It does not seem to address a situation where the abuser files many cases against you through a lawyer.

In addition, there is a special law about divorce and custody cases. If the abuser files to change (modify) your divorce or custody order without a legal basis, just to harass you, this is known as a “vexatious petition.” If you have to go back to court to fight it, you can ask the judge to order the abuser to pay your legal fees and costs.³

¹ ID R ADMIN Rule 59(a)(1), (b), (c)
² ID R ADMIN Rule 59(d)
³ I.C. § 32-718