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Legal Information: Washington

Litigation Abuse

What can a judge include in an order restricting abusive litigation?

A judge who finds that litigation is abusive will dismiss, deny, strike, or otherwise resolve any motions or other legal actions “with prejudice,” which means that they cannot be re-filed.1 The judge will also issue an order restricting abusive litigation, which will:

  • order the abuser to pay all the costs of the abusive litigation;
  • award you reasonable attorney’s fees and the costs of responding to the abusive litigation; and
  • put pre-filing restrictions on the abuser to prevent him/her from filing any future cases against you or your children without court permission for anywhere from 48 to 72 months.2 

1 R.C.W. § 26.51.060(1)
2 R.C.W. § 26.51.060(2)

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