Title 8
Courts and Civil Procedure — Courts

Chapter 8.4
Abusive Litigation.

§ 8-8.4-2. Order restricting abusive litigation.

(a) A party may request from the court an order restricting litigation alleged to be abusive if the requesting party can show:

(1) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party; and

(2) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party pursuant to:

(i) A final protective order entered pursuant to § 8-8.1-3 or § 15-5-19;

(ii) A no contact order entered pursuant to § 12-29-4;

(iii) A final sexual assault protective order entered pursuant to § 11-37.2-2;

(iv) A final foreign abuse prevention order entered pursuant to § 12-29-1.1;

(v) A final order for alimony or custody of children, entered pursuant to § 15-5-16;

(vi) A criminal conviction for any of the enumerated crimes defined in § 12-29-2 or a filing for any domestic violence offense enumerated in this chapter;

(vii) A pending criminal charge, in this state or any other jurisdiction, of domestic violence, wherein the court has imposed criminal conditions of release pertaining to the safety of the victim; or

(viii) A signed affidavit from a domestic violence or sexual assault advocate or counselor working on behalf of an agency that assists victims of domestic violence and sexual assault.

(b) A party who meets the requirements of subsection (a) of this section may request an order restricting abusive litigation:

(1) In any answer or response to the litigation being filed, initiated, advanced, or continued;

(2) By motion made at any time during any open or ongoing case;

(3) In an answer or response to any motion or request for an order;

(4) Orally in any hearing; or

(5) By petition.

(c) In the event no formal complaint, motion, petition, or other pleading has been filed, the superior court shall have jurisdiction to hear the request and issue an order restricting abusive litigation.

(d) In the event litigation alleged to be abusive is filed in the district court, the district court is authorized to hear a request for an order restricting abusive litigation.

(e) In the event litigation alleged to be abusive is filed in the family court, the family court is authorized to hear a request for an order restricting abusive litigation.

(f) Upon the request of a party for an order restricting abusive litigation the court shall hold a hearing to determine if a party is engaging in abusive litigation.

(g) The court administrator shall create forms for a petition or motion for an order restricting abusive litigation and the form for an order restricting abusive litigation, and the forms shall be maintained by the clerks of the courts.

(h) No filing fee shall be charged to the responding party for proceedings pursuant to this section.

(i) The provisions of this section are nonexclusive and shall not affect any other available remedy.