§ 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.)