Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits meritless litigation against domestic abuse victims.

Highlights:

• Classifies "abusive litigation" using the following criteria (Sec. 2-1):

• The opposing parties have a current or former intimate partner relationship;

• The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence against the other party, provided that the issuing court made a specific finding that the restraining order was necessary due to domestic violence; and

• The litigation is being initiated, advanced, or continued primarily to harass, intimidate, or maintain contact with the other party.

• Authorizes a party to a case to 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 (Sec. 3-1):

• In any answer or response to the litigation being filed, initiated, advanced, or continued;

• By motion made at any time during an open or ongoing case; or

• By separate motion made under this chapter, within 5 years of the entry of an order for protection even if the order has since expired.

• Prohibits abuse litigation by dismissing, denying, striking, or resolving the lawsuit if the court finds a preponderance of evidence indicating the litigation is abusive (Sec. 6-1).

• Requires the court to enter an "order restricting abusive litigation," which involves the following (Sec. 6-2):

• Imposes all costs of any abusive civil action pending in the court at the time of the court's finding of this section against the party advancing the abusive litigation;

• Awards the other party reasonable attorneys' fees and costs of responding to the abusive litigation including the cost of seeking the order restricting abusive litigation; and

• Identify the party protected by the order and impose pre-filing restrictions upon the party found to have engaged in abusive litigation for a period of not less than 48 months nor more than seventy-two months.

• Prohibits the permanent parenting plan from requiring mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct (Sec. 8-1):

• Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; 

• Physical, sexual, or a pattern of emotional abuse of a child; or

• A history of acts of domestic violence or an assault or sexual assault that causes grievous bodily harm or the fear of such harm or that results in a pregnancy.

Full Bill Text