When an abuser uses the family law and court processes as a strategy to try to maintain power and control over a former partner, it is called legal bullying or litigation abuse. This is a form of post-separation abuse.
Tactics
This strategy can take many forms. The abuser may:
- Bring repeated motions on issues that have already been decided by the court or have no merit
- Fail to produce documents or information required in the court proceeding
- Repeatedly change lawyers
- Self-represent even when there is no financial need to do so
- Fail to obey court orders
Many more legal abuse tactics are listed in the Abusive behaviours checklist.
Often, the abuser will deny or minimize their behaviour. As a result, the court is left with what is called a “he said, she said” problem. The court has the daunting task of trying to determine which version of the facts is more believable. This is why it is important to present persuasive evidence to the court so that the truth about the violence is exposed.
Impact
The abuser’s overarching goal, of course, is to maintain control over the woman, to intimidate her, to prevent her from moving on with her life and/or to wear her down to the point she agrees to return to the relationship or to accept an inappropriate settlement. The impacts on her can be significant.