Family court could stop abusive filings in New York

In New York family court, a filing is not always just paperwork. If a motion, subpoena or discovery request is being used to keep a domestic-violence victim tied up, afraid or dragged back into contact, a bill introduced by Senator Jessica Scarcella-Spanton would give judges a way to treat that pattern as abuse.

The proposal adds a new section 159 to the Family Court Act and says the issue would be decided on a motion. To qualify, the court would have to find both domestic violence and bad-faith litigation aimed mainly at delay, malicious injury, harassment, intimidation or maintaining contact.

When process becomes pressure

The bill defines litigation broadly. It would cover summonses, complaints, demands and petitions, along with motions, notices of court date, orders to appear and discovery requests. That reaches both filings and service, even when the document has not yet been filed or scheduled.

It also covers subpoenas, subpoenas duces tecum, interrogatories, requests for production and depositions. The point is to make clear that abuse can live inside the legal process itself, not just outside it.

What a judge could do next

If a court finds controlling and abusive litigation, it could dismiss the case or deny the relief sought in the abusive filing. It could also award reasonable attorneys’ fees, expenses, lost wages, transportation costs and childcare costs.

The bill would let the court identify a victim under New York law, another state’s law or a substantially similar federal law, bar the other party from continuing litigation involving that victim without leave of court, and impose a $2,500 fine for each finding. If the court does not find abuse, the case would proceed.