Stalking by Way of The Courts: Tennessee's Abusive Civil Action Law and Why All States Should Adopt a Similar Approach to Abusive Litigation in the Family Law Context

Abstract

Domestic violence is a serious issue in the United States. In abusive relationships, an abuser seeks to control the victim through a variety of means, including physical, psychological, sexual, and financial abuse. Even after a domestic violence survivor escapes an abusive relationship, abusers utilize the court system to maintain control of and access to the survivor long after their relationship has ended. Abusers instigate court proceedings with the real purpose of harassing, intimidating, and maintaining control over the survivor, a practice known as “abusive litigation.” These often-meritless proceedings force survivors to continually face their abusers in court and spend thousands of dollars in court fees, ultimately leading to further financial and emotional burdens on survivors. Although courts have existing means of addressing abusive litigation, these remedies do not specifically address issues unique to abusive litigation where there has been a history of domestic violence. In 2018, however, Tennessee became the first state to address this issue by enacting a law specifically addressing abusive litigation, in the family law context, that allows courts to impose prefiling restrictions on abusers who are found to be misusing the court system to harass survivors. This Article analyzes the issue of abusive litigation in the family law context, addressing prior and existing remedies to abusive litigation, and discussing why these remedies are not enough to curb abusive litigation in the family law context. It also dissects Tennessee’s law on abusive civil actions, specifically focusing on the sanctions this law imposes. Finally, this Article suggests potential amendments to the Tennessee law, and proposes that each state should adopt similar laws in order to curb this type of abusive litigation.