How To Respond When Your Ex Abuses The Legal System
If you have gone through a divorce, then your partner might do everything they can to retaliate. If this is the case, one approach your ex might take is to file a lawsuit. Abusive lawsuits allow for your partner to get revenge for your decision to end the relationship. However, there are actions you might be able to take to stop frivolous lawsuits.
What Constitutes a Frivolous Lawsuit?
A common example of a frivolous lawsuit is when your ex files an order of protection when you are not a threat. If you are involved in a custody battle, then this order of protection might be used to prevent you from seeing your child.
Even when a case has been resolved, your ex might try to open it back up again. This can be considered a frivolous lawsuit if there is no justification for reopening the case. They may also try to switch jurisdictions if the current jurisdiction is resistant to relitigating the case.
Your ex might file a contempt motion, a motion for revision, or a motion for reconsideration to force you to return to court. Your ex might also try to use the discovery process in order to dig up embarrassing information about you. If your ex continues to engage in abusive lawsuits, then you will want to speak with an attorney about the steps you can take.
You Can Stop Abusive Lawsuits
If you are able to prove that your ex is engaged in abusive lawsuits, then the court can choose to restrict your ex from filing a lawsuit unless they receive approval from the court. The court might also restrict the number of lawsuits that can be filed.
If you are concerned about discovery leading to embarrassing information, the courts might choose to have the scope of discovery limited. If your ex tries to appeal, then restrictions could be placed on the number of appeals or the conditions under which an appeal is possible.
There can also be financial punishments as well as sanctions. For example, your ex might be forced to post a bond to pay for lawyer fees. However, to have these restrictions put in place, you will need to make a solid case for why this is important with the help of an attorney. Contact an attorney in your area to learn more about how to stop abusive or frivolous cases.