An act relating to abusive litigation filed against survivors of domestic abuse, stalking, or sexual assault
Impact
If enacted, S0028 would amend existing statutes to introduce a clear framework for identifying and managing abusive litigation. The legislation establishes definitions and criteria for what constitutes abusive litigation, including previous court findings of abuse or stalking. This would provide survivors with greater legal protection and the ability to request judicial intervention to prevent further abusive lawsuits. Additionally, the bill promotes a process for the courts to deny or restrict such litigation proactively, potentially reducing the court's expenditure on frivolous cases and protecting the rights of victims.
Summary
Bill S0028, introduced in the Vermont General Assembly, addresses the issue of abusive litigation particularly against survivors of domestic abuse, stalking, or sexual assault. The bill allows courts to issue orders that restrict litigation from parties who have been found to have abused, stalked, or sexually assaulted the other party in a relationship defined by family or household member relationships. The law is specifically aimed at alleviating the burden on survivors who may face repeated legal actions from their abuser, which could serve to intimidate or harass them further.
Contention
While the intent behind S0028 is to protect vulnerable individuals, it may raise issues around the balance of access to justice for all parties involved in litigation. Opponents may argue that the bill could be abused itself, allowing individuals to manipulate the system to silence legitimate claims through counterclaims of abusive litigation. Furthermore, concerns may arise around the procedural aspects of how courts would effectively manage and differentiate cases of legitimate legal action from those deemed abusive, potentially straining judicial resources.
Provides relative to sentencing of defendants who are survivors of domestic abuse, human trafficking, or sexual assault. (8/1/26) (OR SEE FISC NOTE GF EX)
Provides for the termination of manufacturer vehicle tracking services in certain cases of domestic abuse, sexual assault, or stalking (EN SEE FISC NOTE GF EX)