Washington · statute · Wash. Rev. Code ch. 26.51 · 9 active provisions
The legislature recognizes that individuals who abuse their intimate partners often misuse court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the abused partner. Court proceedings can provide a means for an abuser to exert and reestablish power and control over a domestic violence surv…
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abusive litigation" means litigation where the following apply:(a)(i) The opposing parties have a current or former intimate partner relationship;(ii) The party who is filing, initiating, advancing, or conti…
(1) 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 domestic violence against the other party:(a) In any answer or response to the litigation being filed, initiated, ad…
(1) 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 found to be a victim of domestic violence by the other party. If the…
At the hearing conducted pursuant to RCW 26.51.040, evidence of any of the following creates a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party:(1) The same or substantially similar issues…
(1) 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, or resolved by other disposition with prejudice.(2) In addition to…
(1) Except as provided in this section, a person who is subject to an order restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the litigation against the protected party for the period of time the filing restrictions are in effect.(2) Notwithstanding subsection (1) of this se…
This act shall be construed liberally so as to effectuate the goal of protecting survivors of domestic violence from abusive litigation.
This act takes effect January 1, 2021.