Litigation Abuse

You may request an order to stop (restrict) abusive litigation, in any of the following ways: 

1. in your answer or response to the abuser’s litigation being filed, started, or continued;
2. in a motion you file at any time during an ongoing court case;
3. in your answer or response to the abuser’s motion or request for an order;
4. during a court hearing, by saying your request orally; or
5. by filing a petition.¹ 

If the abusive litigation is happening in district, family, or superior court, you can file a motion in the same court asking the judge for an order restricting abusive litigation. However, if the abuser hasn’t filed a case yet, then you would request an order by filing a petition in superior court.² An example of abusive litigation when there isn’t a case yet is if the abuser serves you court papers that haven’t been filed in order to harass you. To see the court forms for filing a motion or petition, go to Are there forms available to help me request an order restricting abusive litigation? 

¹ R.I. Gen. Laws § 8-8.4-2(b)
² R.I. Gen. Laws § 8-8.4-2(c), (d), (e)