2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1181. Definitions

§ 1181. Definitions
As used in this subchapter:
(1) “Abusive litigation” means litigation where the criteria set forth below in each of subdivisions (A)–(D) are found to have been established:
(A) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party.
(B) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party pursuant to:
(i) a final order issued pursuant to subchapter 1 of this chapter (abuse prevention orders);
(ii) a final order issued pursuant to 12 V.S.A. chapter 178 (orders against stalking or sexual assault);
(iii) a final foreign abuse prevention order;
(iv) an order under section 665a of this title (conditions of parent- child contact in cases involving domestic violence);
(v) a conviction for domestic assault pursuant to 13 V.S.A. chapter 19, subchapter 6; stalking pursuant to 13 V.S.A. chapter 19, subchapter 7; or sexual assault pursuant to 13 V.S.A. chapter 72; or
(vi) a court determination of probable cause for a charge of domestic assault and the court imposed criminal conditions of release pertaining to the safety of the victim, which include distance restrictions or restrictions on contact with the victim.
(C) The litigation is being initiated, advanced, or continued primarily for the purpose of abusing, harassing, intimidating, threatening, or maintaining contact with the other party.
(D) At least one of the following applies:
(i) the claims, allegations, or other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;
(ii) the allegations and other factual contentions made in the litigation are without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation; or
(iii) an issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.
(2) “Foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, or 12 V.S.A. chapter 178. “Other state” and “issuing state” mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.
(3) “Litigation” means any kind of legal action or proceeding, including:
(A) filing a summons, complaint, or petition;
(B) serving a summons, complaint, or petition, regardless of whether it has been filed;
(C) filing a motion, notice of court date, or order to appear;
(D) serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled;
(E) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request; or
(F) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request.
(4) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation. (Added 2023, No. 48, § 1, eff. September 1, 2023.)