English
EspañolIf the judge issues pre-filing restrictions, what happens if the abuser files new court papers anyway?
The court keeps a list of everyone who has been found to be a vexatious litigant and has a pre-filing order issued against them. The clerk of the court is not supposed to accept any new cases from someone on that list unless a judge gives permission for the case to be filed.1
If you are served with new papers from the abuser without an order allowing the case to be filed, you can simply file a notice with the clerk that the abuser is a vexatious litigant subject to a pre-filing order. The judge may also file this notice and serve it on you if the judge recognizes that the case should never have been filed.
Once you file this notice, the abuser’s case will be paused (stayed) automatically while the judge considers what to do. Then, the judge will either dismiss the case or issue an order allowing the case to be filed and have that notice served upon you. You will then have up to ten days to respond to the case after being served with a copy of the judge’s order allowing the case to be filed.2
1 Cal. C.C.P. § 391.7(c), (f)
2 Cal. C.C.P. § 391.7(c)
Can the abuser file a motion to end the pre-filing order?
The abuser can file a motion asking the judge to remove (vacate) the pre-filing order against him/her, as well as deleting his/her name from the list of vexatious litigants.1 The judge will grant this request only if there is a significant (material) change since the order was issued and the abuser shows it would serve justice for the order to end.2 If the judge denies this request, the abuser cannot file a second request to end the order for at least 12 months.3
1 Cal. C.C.P. § 391.8(a)
2 Cal. C.C.P. § 391.8(c)
3 Cal. C.C.P. § 391.8(b)
My request was denied. What will happen next?
If the judge allows the abuser’s case to proceed, you will have up to ten days to respond after you are served with the judge’s order.1 The case that the abuser has brought against you will then proceed normally and you will be expected to participate in it.
You can read more about appealing an order if you believe the judge made an error, or you can look for a lawyer if you need advice on your options at this stage. If you are hoping to prevent the abuser from contacting you outside of court, you may also want to read about Domestic Violence Restraining Orders and Civil Harassment Orders.
1 Cal. C.C.P. § 391.7(c)
