Domestic violence survivors could block abusive court filings

In California, a restraining order does not always end the harassment. SB 1192, the Reclaim Act, would give domestic-violence survivors a sharper legal shield when an abuser keeps turning the courthouse into another place to press the attack.

The bill would add Title 3B to the Code of Civil Procedure and amend Family Code Section 6309. It would let a person protected by a domestic-violence restraining order ask a court to declare the restrained person a vexatious litigant, which is the legal label for someone who keeps using the courts to cause trouble rather than resolve a real dispute.

A new gate on repeat filings

Under the measure, the protected person would have to show that the other side is more likely than not the person who has been filing the abusive cases, and that the litigation is meritless, frivolous or abusive while the restraining order is still in place. That request could be made without a fee.

If a judge grants the order, the restrained person could not keep filing new litigation or discovery against the victim in civil, family or small claims court without first getting permission. The bill also says filings can be made electronically without charge, and parties, attorneys, support people and witnesses may appear remotely without charge.