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Legal Information: Washington

Litigation Abuse

What is the definition of abusive litigation in Washington?

“Abusive litigation” means a legal action taken in court or related to a court case that is intended to harass or intimidate you, or to continue to have contact with you.1 Abusive litigation can be any kind of legal action, including:

  • filing or serving a summons, complaint, demand, or petition;
  • filing or serving a motion, notice of court date, note for motion docket, or order to appear; or
  • filing or serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or another discovery request.2 

Washington law recognizes that abusers often misuse court proceedings in order to control, harass, intimidate, or coerce their partner or to force them to spend money on litigation.3 If you are facing abusive litigation, you may be able to ask the court to restrict the ability of the abuser to continue to file new cases or motions.

1 R.C.W. § 26.51.020(1)
2 R.C.W. § 26.51.020(3)
3 R.C.W. § 26.51.010