Currently working its way through the state legislature, AB 2391 is a bill that will end the practice of vexatious litigation. It is a progressive, net good for families and victims of domestic violence across California. But it may have you asking one important question:
What is vexatious litigation?
The term refers to the practice of filing a lawsuit to punish someone. Often, this is a tool used by abusers to take legal potshots at their victims. Overall, it uses the court system as a weapon of abuse against vulnerable people.
How was this possible?
The American legal system is an adversarial one, and that means in order to find the resolution to a dispute, you have to argue about it – formally. However, the court must hear every claim, even an unfounded claim, if only to be dismissed.
This made it possible for any person with any reason to cause you or anyone else some form of damage – typically money damages from having to defend yourself. Filing a lawsuit is relatively simple; responding to it is what takes time and money.
What happens now?
If AB2391 passes, anyone who has the protections of a restraining order can file to have an abuser listed as a vexatious litigant. When that happens, understanding the law, the court will dismiss any new litigation from that individual automatically.
This will mean that anyone seeking to leave a relationship or move on from an abuser can take some comfort in knowing that the courts will not be turned against them. The state’s apparatus will remain impartial.