Domestic violence / abusive court filings
Domestic violence survivors could block abusive court filings
California's Reclaim Act would let survivors protected by domestic-violence restraining orders ask a judge to stop repeated, meritless lawsuits and requests for information and documents without paying a filing fee.
California’s Reclaim Act would give survivors a new way to push back when abuse follows them into court. If a restrained person keeps filing frivolous cases or discovery requests, a judge could step in and limit more filings unless they are approved first.
- Gives survivors a fee-free way to fight courtroom harassment
- Targets repeated meritless filings during an active restraining order
- Lets judges block more filings unless they approve them first
- Covers civil, family and small claims court
- In California, a restraining order does not always end the harassment
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.