Divorce

If the abuser is self-represented (“pro se”) and keeps filing civil court cases against you 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 requires the abuser to get the judge’s permission before s/he can file any new court papers without a lawyer. 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 of the following has happened:

• 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 pro se petitioners representing themselves without lawyers. It does not seem to address a situation where the abuser files many cases against you through a lawyer but, if this happens to you, check with an Idaho lawyer to see if the law might still apply.

In addition, there is a special law about divorce and custody cases. If the abuser files to change (modify) your divorce or custody order with no 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