The Reclaim Act.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
The Reclaim Act aims to protect domestic violence survivors by modifying how a ‘vexatious litigant’ designation is applied. Currently, a restraining order was required before someone could be declared a vexatious litigant after domestic violence. This bill removes that requirement, allowing for a declaration based on prior litigation deemed frivolous, abusive, or solely intended to harass or intimidate the survivor, regardless of whether a restraining order was in place. It also expands the definition of a vexatious litigant to include individuals convicted of domestic violence crimes who engage in subsequent frivolous litigation against the victim. The bill also addresses discovery rules to prevent abuse and protect survivors’ privacy.
Key provisions
- Removes the requirement for a restraining order to declare someone a vexatious litigant after domestic violence.
- Expands the definition of a vexatious litigant to include convicted domestic violence offenders who engage in frivolous litigation against victims.
- Allows a victim of domestic violence to petition to have a litigant declared vexatious.
- Restricts discovery in family law proceedings to the least intrusive methods.
- Prohibits a vexatious litigant with a restraining order from seeking information from the protected party through discovery.
- Allows a court to issue an ex parte order to prevent a party from engaging in litigation abuse.
- Addresses the issue of service of process in domestic violence cases.
- Provides a legislative finding recognizing the harm caused by litigation abuse.
Bill text
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Sponsors
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1 on record
Primary sponsor
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