Washington Code 26.51.030 – Order restricting abusive litigation — Who may request, when — Instructions, brochures, and forms — Fees
Current as of: 2023 | Check for updates
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(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:
Terms Used In Washington Code 26.51.030
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(a) In any answer or response to the litigation being filed, initiated, advanced, or continued;
(b) By motion made at any time during any open or ongoing case; or
(c) By separate motion made under this chapter, within five years of the entry of an order for protection even if the order has since expired.
(2) Any court of competent jurisdiction may, on its own motion, determine that a hearing pursuant to RCW 26.51.040 is necessary to determine if a party is engaging in abusive litigation.
(3) The administrative office of the courts shall update the instructions, brochures, standard petition, and order for protection forms, and create new forms for the motion for order restricting abusive litigation and order restricting abusive litigation, and update the court staff handbook when changes in the law make an update necessary.
(4) No filing fee may be charged to the unrestricted party for proceedings under this section regardless of whether it is filed under this chapter or another action in this title. Forms and instructional brochures shall be provided free of charge.
(5) The provisions of this section are nonexclusive and do not affect any other remedy available.
[ 2020 c 311 § 3.]