Legal abuse, sometimes also referred to as litigation abuse or post-separation legal abuse, is a tactic abusers use to try and retain power and control over a survivor after separation. They do so by utilizing the legal system to harass, intimidate, or threaten the survivor. It can be exhausting, financially draining and traumatizing for a survivor to have to continue to see their abusive partner or respond to the abuser’s court filings, all under the guise of being “legal.”
Types of Legal Abuse
Repeated summons to return to court can come in many forms from an abusive partner (or their lawyer). It may look like:
- Filing repeated motions or petitions
- Making excessive discovery demands
- Requesting adjournments every time you do show up to court, which means the court date is rescheduled under the basis of needing more time to gather evidence or review documents
- Appealing the judge’s orders, often without a legal reason to do so, such as appealing an order of protection by the survivor each time it needs to be renewed, or appealing a custody arrangement that’s already been agreed upon
- Serving inappropriate demands, such as multiple motions, lawsuits or requests for hearings on the same issues that have already been addressed
- Unwarranted legal claims, such as saying the survivor is suddenly an unfit parent because they were a minute late in picking a child up or making up outright lies about the survivor, such as claiming they’re addicted to drugs or are abusing alcohol
- Overly complex legal demands made simply to confuse a survivor
- Spousal support claims when the abuser knows full-well that the survivor has no financial means with which to pay them
All of these types of motions and filings are meant to overwhelm and exhaust the survivor, who often doesn’t have a lot of recourse except to respond to each and every one. The legal system was set up in such a way that anyone can file a petition if they fill out the appropriate paperwork. While this is often a good thing, in cases of abusive ex-partners, it’s yet another weapon in their arsenal.
Full article: https://www.domesticshelters.org/articles/legal/what-is-legal-abuse?utm_source=email&utm_medium=newsletter&utm_campaign=weekly
HAVEN Program’s legal advocate, Caren Hall has the knowledge to help survivors recognize legal abuse and help them take the steps needed to protect themselves. Please call if you need help, or for more information.
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