Title 34, Pleadings And Procedure

[§634L-1] Purpose and intent. The legislature finds and declares that court proceedings can provide a means for domestic violence abusers to control, harass, intimidate, coerce, and impoverish their intimate partner during the relationship and after it has ended. Misused in this …

[§634L-2] Definitions. As used in this chapter: "Intimate partner" means: For the purposes of this definition, "intimate" has no romantic connotations. "Litigation" means any civil action or proceeding commenced, maintained, or pending in any state or federal court of record. [L …

[§634L-3] Abusive litigation; defined. (a) Abusive litigation occurs where the following apply: (b) Litigation is harassing, intimidating, or maintaining contact with the other party when the litigation is filed with the intent or is primarily designed to, among other actions:

[§634L-4] Procedure to request order restricting abusive litigation. (a) A party to a case may request from the court an order restricting abusive litigation if the parties are current or former intimate partners and one party has been found by the court to have committed domesti…

[§634L-5] Hearing; procedure. (a) If a party asserts that they are being subjected to abusive litigation, the court shall attempt to verify that the parties have or previously had an intimate partner relationship and that the party raising the claim of abusive litigation has been…

[§634L-6] Presumptions. At the hearing conducted pursuant to this chapter, evidence of any of the following creates a rebuttable presumption that litigation is being filed, initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining cont…

[§634L-7] Court findings. (a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation, and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, …

[§634L-8] Filing of new case or motion by person subject to an order restricting abusive litigation. (a) A person subject to an order restricting abusive litigation who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing r…