Abuse can take many forms, and for many victims, the control does not end when the relationship is over. In fact, some abusers weaponize the family court system to maintain control and inflict emotional and financial distress on their former partners. This behavior, known as litigation abuse, is a tactic used by abusers to manipulate court proceedings, prolong legal battles, and drain their victims’ resources. Recognizing litigation abuse is essential for both victims and legal professionals to ensure the court system is not being misused as a tool for harassment.
In New Jersey, like in many other states, there are laws and safeguards in place to prevent and address such abuse, but it can be difficult to detect and even harder to fight without the right legal strategy. Let’s take a closer look at what litigation abuse looks like and what can be done to protect yourself.
Key Takeaways
- Abusers may use the family court system to continue exerting control by filing excessive or frivolous motions, delaying proceedings, or challenging custody to harass their ex-partner.
- Unlike high conflict divorces, where both parties are equally escalating issues, litigation abuse involves one party deliberately using legal tactics to control and harm the other.
- Courts may impose sanctions, appoint a guardian ad litem for children, or limit an abuser’s ability to file further motions to prevent litigation abuse.
- It’s essential to work with an experienced family law attorney to protect your rights and explore legal options like requesting sanctions or limiting an abuser’s court access.
Is It a High Conflict Divorce or Litigation Abuse?
There are many instances where custody evaluators, judges, guardians, and other members of the legal system mistake what is abuse as a “high conflict divorce.” However, it is important to know that a high-conflict divorce is when both sides are escalating the issues equally. This happens when both parties feel strongly about the divorce or matters happening within the process and can’t find common ground.
In abuse that is mistaken as a high-conflict divorce, one party is actively conflicting with the process while the second party is drawn inwards—or away—from the conflict.
In such cases, it is less a high-conflict divorce and more of a single “high-conflict litigant,” meaning a single individual is exerting power over their ex in court. The problem is not each person but a single one, and the abuser will drag the divorce on and on, making their ex suffer.
What are Some Common Litigation Abuse Tactics?
Now that you know the difference between high-conflict divorce and litigation abuse, let’s look at some of the tactics that an abuser will use in court:
- Filing Excessive or Frivolous Motions: Abusers may file baseless or unnecessary motions to drag out court proceedings and overwhelm their victims with legal fees and stress.
- Requesting Unnecessary Hearings: By frequently requesting hearings, the abuser forces the victim to repeatedly appear in court, disrupting their life and increasing legal expenses.
- Challenging Custody and Visitation Orders: Even when custody or visitation arrangements have been established, an abuser may continue to contest them to create instability and exert control over the children and the victim.
- Delaying Proceedings: Abusers may intentionally delay court proceedings by requesting postponements or refusing to cooperate, causing the victim to spend more time and money on legal matters.
- Misusing Protective Orders: Abusers may file false claims or misuse protective orders as a way to discredit their victim or create additional legal hurdles for them to overcome.
How Litigation Abuse Affects Divorce in New Jersey
Litigation abuse has severe consequences for those who are the victims. Emotional, financial, and physical effects are common. Imagine a prolonged legal battle over something as heated as child custody or alimony. Anyone would feel exhausted and anxious, and if the abuse carries over from the relationship, there will be excessive trauma. Victims of such abuse feel trapped in an endless cycle of court appearances and legal fees, making it difficult to ever move forward with their lives.
Financially, the costs of fighting litigation abuse can be overwhelming. Attorney fees, court costs, and lost wages from time spent in court can quickly add up, leaving victims struggling to support themselves and their children. In some cases, victims may be forced to settle or agree to unfavorable terms just to end the litigation and regain some sense of stability.
How to Protect Yourself Against Litigation Abuse in New Jersey
New Jersey courts are aware of the various kinds of abuse, including litigation abuse. There are mechanisms in place to address it. You can also take steps to ensure that you are protecting yourself in and out of court.
Document Everything
Keep a detailed record of all court filings, motions, hearings, and communications with your abuser. This documentation can help demonstrate a pattern of abusive behavior.
Seek Legal Representation
A knowledgeable attorney can help you work through the challenges of family court and protect you from further abuse. They can also help you explore options for limiting your abuser’s access to the court system.
Limit Court Access
If an abuser continually files frivolous motions, the court may place restrictions on their ability to file new motions without the judge’s approval, effectively preventing further abuse of the legal process.
Appoint a Guardian Ad Litem
In cases involving children, you or your lawyer may ask the court to appoint a guardian ad litem to act in the child’s best interests, helping to prevent an abusive parent from using custody proceedings as a means of manipulation.
Request Sanctions
If you believe your abuser is filing frivolous motions or unnecessarily prolonging the legal process, your attorney can request sanctions to hold the abuser accountable for their actions. In some cases, the court will place restrictions on the abuser and even impose sanctions that requires the abusive party to pay for the victim’s legal fees.
Contact a New Jersey Family Law Attorney Today
Litigation abuse is a harmful tactic that can extend the trauma of an abusive relationship and undermine the fairness of the legal system. By recognizing the signs of litigation abuse and working with a skilled attorney, victims can protect themselves from further harm and regain control over their lives.
At Ziegler Law Group, LLC, we are committed to helping victims of litigation abuse fight back and secure the legal protection they deserve. Our experienced family law attorneys understand the complexities of divorce and custody cases involving abusive ex-partners, and we are here to support you every step of the way. Contact us today at 973-533-1100 or fill out our online contact form to schedule a consultation and discuss how we can help you protect your rights in family court.
