"Housing is a basic Need " 

There has to be a NEW  policy Implemented,  that Everyone is entitled to secure clean and safe Housing . - This would do so much to an already struggling Nation to finally start addressing and then correcting the problem of homelessness , Poverty , and quite a few systemic problems that have made Housing an object of controlling another person's life , and stability . As a widow I began to experience the affects of homelessness after the sudden and unexpected loss of my First Husband Al - We had both worked and prayed for a home to raise our then 3 daughters and after what seemed like an eternity we were able to purchase our first home not long after we were blessed with a son - and it seemed as if our family was complete - However as we all know , the devil will often take from you what is in fact making a difference in the lives of others , and for me and my family that was their Dad (my husband ) He was a strong Man of God who was known as the "community Father" as he'd often play ball in the street and in the back yard with the neighborhood boy's who had no Dad at  home - He would also pick-up the elderly Church member's on Sunday before church -  or even spend time with them if they seemed lonely as he did with our neighbor Elmer  who was fond of my cooking and was a welcome addition each night as I prepared dinner for my family - We unfortunately lost my husband to a Dilatated -cardio- Myotherapy  and our lives were turned upside down by a mortgage company and several others in that chain of greed that saw me as a person who was stuck between a rock and a hard place and would eventually lose my home , however being a victim of predatory lending and redlining is more detrimental than one would  think, with the inability to become stable and also a host of derogatory notations on my credit report , losing first my Husband , then my home , and eventually due to not having a home for my children after the foreclosure I lost my children and my Irish- mother-in-law went to the courts to fight me for the custody of my at the time 3 minor children as my oldest was already over 18 -  but this only became an issue after there was a discovery of my children being left money from their Dad , money which his family members began to covet as theiir own and did just that - forbidding me to participate in family functions as if I had done something wrong when I had not , in fact if anything this should have brought us all closer together , yet instead it tore us all apart and I was left out in the cold on my own to surf from couch to couch unstable and unable to get a good footing so that I could actually fight to get my home issues resolved  and get my life back to being balanced as having the stability  that having  a roof over your head can provide  - This is why I have made it one of my missions to bring to the attention of those who are in the position to make changes to policies and laws to recognize the need to reclassify housing and home- ownership as a basic need  for all - In a country that pride's it's self on being one nation under God we can surely house God's children so that they are not out in the cold and unable to live the dream that some Americans' seem to take for granted while other never even get to experience  it - HOUSING CAN NOT BE USED TO PUNISH SOME BY KEEPING THEM TOO POOR TO QUALIFY WHILE PREACHING ABOUT THE MANY BLESSINGS OF A PROSEROUS NATION BUT STILL UNABLE TO SHOW ENOUGH COMPASSION TO HOUSE THE POOR - AMERICAN WE CAN DO SO MUCH BETTER THAN THIS - WE CAN TAKE THAT MONEY THAT WE ARE MORE THAN WILLING  AND ABLE TO FIND FOR THE NEEDS OF OTHER FOREIGN NATIONS AND INSTEAD FOR ONCE TAKE CARE OF THOSE ON AMERICAN SOIL FIRST ! THEN AFTER WE HAVE EVERYONE HOUSED SAFE AND SECURE , THEN AND ONLY THEN WILL WE HAVE ENOUGH TO AGREE TO ASSIST ANOTHER NATION - BECAUSE RIGHT NOW WE HAVE A HOUSING CRISIS THAT IS JUST AS CRITICAL AS ANY WAR HERE ON EARTH AND IF WE DO NOT - PLEDGE TO MAKE HOUSING A BASIC NEED JUST LIKE WATER AND FOOD THEN WE AS ONE NATION UNDER GOD HAVE PROVEN TO BE NOTHING BUT A  NATION UNDER -FRAUD WHO HAS DENIED IT'S OWN THEIR RIGHT TO BE ABLE TO FORM A FAMILY AND KEEP THAT FAMILY TOGETHER EVEN IF ONE OF THE PARENT'S PASSES AWAY THERE SHOULD NEVER BE A NEED TO INTENTIONALLY DEPRIVE ANYONE OF THEIR RIGHT TO SHELTER AND SECURITY  - AFTER ALL THIS IS HOW WE GET EQUITY AND EQUITY IS HOW WE BUILD WEALTH AND WEALTH IS WHAT WE PASS ON TO OUR FAMILIES INSTEAD OF DEBT - SO LET'S ALL AGREE TO EXAMINE THIS HUGE PROBLEM THAT SOME CAN'T SEEM TO RISE ABOVE DUE TO OTHERS NEED TO INTERFERE OR TRY AND CONTROL WHEN A BASIC NEED SHOULD NEVER BE USED AS A WEAPON TO OPPRESS ANOTHER, SIMPLY BECAUSE YOU THINK THAT YOU CAN ! 

RESPECTFULLY MONICA A- SEATTLE WASHINGTON USA 

+BE AWARE I HAVE A DOPPELGANGER WHO IS IMPERSONATING ME ONLINE AS WELL AS IN THE PUBLIC AND IN THE COURTS THIS PERSON HAS BEEN FORGING MY SIGNATURE HACKING INTO MY PERSONAL AFFAIRS AND ALSO ATTEMPTING TO GET ME EVICTED FROM MY HOUSING WHILE DEFRAUDING THE COURT SYSTEM AND ILLEGALLY GAINING ACCESS TO A HOME THAT WAS LEFT  FOR ME  A HOME THAT THIS PERSON REFUSES TO EVACUATE EVEN WHILE KNOWING THAT IT'S MINE AND CHANGING THE DEED TO THIER OWN NAME AND ALSO AGGRESSIVELY MAKING UP FALSE CLAIMS TO CAUSE ME TO INTENTIONALLY EXPERIENCE AND IMBALANCE OF MY HOUSING MY BENEFITS  ACCESS TO MY BANKING INFORMATION AND LOSSO F MY CONSORTIUM WITH MY NEW  LIFE PARTNER WHO THEY WANTED TO KEEP US BOTH APART  DUE TO THE MAGNITUDE OF OUR " LIKEABILITY TO OTHERS"  (I  KNOW I SAID THE SAME THING ... DISGUSTING  EXAMPLE OF COERCIVE CONTROL + 

 

  

invasion of privacy in my housing !!

 I am so damn tired of the predatory nature in which I am being mistreated here in my housing in Seattle Wa  

There are some extremely disrespectful dumb-ass people who refuse to allow me to even have privacy while I am in the bathroom on the toilet wiping my damn ASS ! THIS IS COMPLETELY UN WARRANTED AND DISRESPTFUL AND HAS LEAD TO AN EXTREMELY HOSTILE LIVING ENVIROMENT - WHERE IF I EVEN YELL OUT DUE TO THE INTRUSIVE AND RUDE NATURE OF THESE VULTURES   IT CREATES A RIFT BETWEEN MYSELF AND MY OTHER FAMILY MEMBERS AND I SHOULD NOT HAVE TO BE MISTREATED BY ANY OF THESE NON- RELEVENT   GANG STALKER'S WHO HAVE BEEN INTENTIONALLY DOING THE MOST ABUSIVE AND UNHEARD OF VIOLATIONS TO TARGET ME IN AN ATTEMPT TO CAUSE ME TO SUFFER FROM THE SHEER DISTRESPECTFUL  NATURE OF THIER CONSTANT NON-STOP  OFFENSES  WHICH IF NOT STOPPED AND ALOCATIONS MADE TO MAKE UP FOR ALL OF OUR TRAUMA  AND MENTAL ANGUISH I WILL BE FORCED TO AQUIRE  EQUIPMENT TO DEFEND MYSELF AS WELL AS THE MENTAL STABILITY OF MY FAMILY - THIS IS THE MOST INAPPROPRIATE BEHAVIOR THAT I HAVE EVER WITNESSED IN MY LIFE AND IS ACTUALLY  THE SAME PATTERN OF DISRESPECT THAT I WAS EXPERIENCING WHILE IN SNOHOMISH COUNTY THESE LOW-LIFE AGGRESSIVE DOMESTIC TERRORIST TYPE OF ASSHOLES HAVE BEEN DOING THINGS THAT THEY THEMSELVES WOULD HAVE EXPLODED LONG TIME AGO YET THEY FIND THE FACT THAT IT IS CREATING CHAOS IN WHAT SHOULD BE A VERY PEACEFUL HOME ENVIROMENT - ALSO THEY ARE ACTIVELY CONSTANTLY FLUSHING THE DAMN TOILET WHICH IS RIGHT NEXT TO MY BED IN AN EFFORT TO VEX ME OUT OF MY NORMAL CALMNESS AND INTO A MOOD OF HOSTILITY AND THEY STAFF IS PART OF ALL OF THIS BULLSHOT ABUSIVE MISCONDUCT  THIS PROPERTY AT COURTLAND PLACE HAS TO BE SHUT DOWN BECAUSE THESE ASS-HOLES FEEL THAT THEY CAN DO WHAT EVER THE f#CK  THEY WANT TO DUE TO OUR RACE OR THERE ACTAUL IGNORANCE AND INTENTIONALLY WANTING US TO BE MADE TO FEEL DISRESPECTED SIMPLY FOR ME STANDING UP AND SPEAKING OUT ABOUT THE THEFT'S OF MY MAIL AND THE ATTEMPTS TO INVADE MY RIGHTS WHILE BLOCKING MY ACCESS TO  JUSTICE  THIS PROPERTY HAS A HIGE RACIALLY MOTIVED HATE CAMPAIGN AGAINST MYSELF AND OTHER ELDERLY WOMEN OF COLOR WHO ARE ALSO HAVEING THEIR MAIL STOLEN AND PEOPLE DOING TO THEM WHAT THEY ARE ALSO DOING TO ME . I REFUSE TO BE SILENT ABOUT THIS ABUSIVE MISCONDUCT IN MY DAMN HOUSING AND IF THESE ASS-HOLES WHO ARE ACTIVELY ALWAYS TRYING TO INTERUPT MY WORK (AS I WORK FROM HOME AND FEEL THAT THIS IS ALSO INTERFERING  WITH MY WORK ENVIROMENT  BY INTENTIONALLY CREATING AN EXTREMELY HOSTILE OFFENSIVE WORK ENVIROMENT WHICH ALSO HAS LEAD TO SEVERAL ADDITIONAL HEALTH ISSUES - YET  THEY HAVE BEEN DOING ILLEGAL  AND INTRUSIVE  VIOLATIONS TO MY PRIVACY WHICH THIS DUMB  GROUP OF MISFITS SEEMS TO TAKE GREAT PRIDE IN  CAUSING US MENTAL AND EMOTIONAL DISTRESS AND LETS NOT FORGET THAT THESE ARE THE SAME CONS WHO ARE PART OF THE GANG-STALKING CAMPAIGN THAT WAS ALREADY  DECLARED EXTREMELY UNWARRANTED AND WAS SUPPOSED TO HAVE BEEN CEASED LONG AGO YET THESE   HARD NOSED ASS-HOLES WANT TO PUSH US TO THE BRINK AND I AM HERE TO LET THESE MF KNOW THAT  YOU ARE DEVILS WHO ARE CHAOS AGENTS AND ARE HELL BENT ON DOING DAMAGE BECAUSE THEY KNOW THAT THEY ARE ABOUT TO BE ARRESTED AND LOCKED UP FOR ALL OF THE ORRIGINALCRIMES WHICH IS WHY THEY ARE NOW ATTEMPTING TO COME AND ADD EVEN MORE INSULT TO THE PRIOR INJURIES THAT THEY KNOW THAT THET HAVE CAUSED. THERE IS AN EMPLOYEE WHO HAS BEEN WORKING WITH A  BAD LAW ENFORMENT AGENT TRYING TO RACIALLY PROFILE ME AND ILLEGALLY LOOK FOR ANYTHING THAT THEY CAN EITHER USE TO SHARE AND TRY AND SLANDER MY GOOD NAME OR ANYTHING WHICH THEY THINK THAT THEY CAN USE TO TRY AND GET US ILLEGALLY INVOLVED WITH THE POLICE - AND THESE ASS-HOLES NRRD TO KNOW THAT THEIR ACTIONS ARE NOT ONLY ILLEGAL AND THE INFO  WOULD BE DEEMED INADMISSIBLE BUT ALSO THE ABUSIVE NON STOP HOSTILITY OF THE SAME PERSON WHOM THEY HAVE ALREADY BEEN FOUND GUILTY OF  STEALING  FROM AND PROFITED OFF OF WILL BASICALLY  AMOUNT TO ME RECEIVING AN AUTOMATIC   DEFAULT JUDGEMENT  IN MY FAVOR AGAINST THEM AS ALL OF THIS HAS BEEN DONE TO INTENTIONALLY HARASS ME AS THE TARGET OF THIS OBVIOUS HATE CRIME /SMEER CAMPAIGN - ALSO NOTE THIS DUMB ASS STUPID LIAR HAS BEEN TRYING TO CENSOR THIS BLOG WHICH IS QUITE FRANKLY NONE OF THEIR DAMN BUSINESS YET FOR SOME ARROGANT REASON THEY FEEL THAT THEY CAN COME AND INTERUPT MY WORK AND PREVENT ME FROM BEING ABLE TO MAKE A LIVING AS AN INDEPENDENT JOURNALIST  WHICH I HAVE HAD MY WORK STOLEN BY THEM AND THEN SHARED AS IF IT IS THEIR OWN WORK WHILE THEY COLLECT REVENUE THAT SHOULD BE COMING TO ME AND THEN HAVE THE DAMN NERVE TO TRY AND  START AN EVICTION PROCESS AGAINST ME WHILE PUBLICLY SHAMING ME ONLINE TO DEFAME ME BECAUSE THIS PARTICUAR  BAD AGENT IS INSANELY JEALOUS OF MY TALENTS AND WANT TO BE ME  PERHAPS - EITHER WAY WHAT THEY ARE CURRENTLY DOING BY SHADOWING ME IN MY TINY APARTMENT AND WORK SPACE IS CONSIDERED A VIOLATION OF THE FEDERAL FAIR HOUSING LAWS AS WELL AS MY RIGHT TO NOT EXPERIENCE TARGETED HOSTILITY IN MY WORK PLACE - THESE  ABUSIVE INTOLLARABLE  VISCOUS  ACTIONS WILL BE THE FINAL STRAW THAT WILL END UP COSTING ALL OF THEM TO BE LOCKED UP AND REMOVED FORM THE COMMUNITY FOR GOOD !! 

 I AM FILING A FEDERAL CIVIL RIGHTS COMPLAINT WITH THE DEPT OF JUSTICE -  AS A HATE CRIME AND A HOUSING COMPLAINT UNDER THE ADA - HUD 

" I MAY LOOK DUMB -

 IN MY LIFE AS A NOW 61 YEAR OLD SO CALLED "BLACK WOMAN" -*(How ever I have often been told that Im "Not Black enough" -Which is kind of odd to me considering the fact that I have never been able to wear a sign stating that " I'm not that Black" and have any racially motivated hatred - stop ) 

Back to my Blog post : 

I have never been involved in such an organized deceitful Plot than the one that I myself have been found to be a Target of - With that being said let me give you a bit of background information so that you might be able to fully grasp the totality of all of these extremely egregious abusive and intrusive actions which for some became an obsession of "demand control and trying to conquer  me". Something that  I can say is that even though I am not a Women's Lib type of female , I do tend to lean towards supporting the efforts of Mother's who have been marginalized or kept in poverty - I also am a strong supporter of preventing Homelessness with a belief that Home ownership is a basic need here in America - Just as clean water , clean air , food to eat, electricity, heat, and a place to live and worship that can not be used as a weapon by those who happen to have a vendetta against people of color , or against the poor , people who for whatever reason  just want to bully another person simply because they feel a superiority over the victim , it's when  someone who has made it their occupation to keep another unbalanced  and actually finds it pleasurable to intentionally try to interfere with another's right to live in peace and have privacy and control over their own destiny  and have safe secure and stable housing  , which  is an actual basic need , This is what I would call a Home - let's look at the defintion of Home - from Google.com > HOME- the place where one lives permanently, especially as a member of a family or household.

From Merriam Webster 1

Synonyms

Noun

• abode
• diggings
• domicile
• dwelling
• fireside
• habitation
• hearth
• hearthstone
• house
• lodging
• pad
• place
• quarters
• residence

• 
  

WHAT IS COERCIVE CONTROL ?

TIRED OF  PEOPLE WHO FEEL AS IF THEY ARE THE MOST HIGH GOD - AND FEEL THAT THEY  HAVE A RIGHT TO BLOCK MY COMMUNICATION WITH MY EX -LIFE PARTNER  - THIS ALL STARTED YEARS AGO BUT HAS IN FACT NOW BECOME SO INTRUSIVE AND INSANELY ABUSIVE THAT I FIND IT IMPOSSIBLE TO CONTINUE TO KEEP MY MOUTH SHUT  ON THIS ISSUE -

 (4)(a) "Coercive control" means a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person's free will and personal liberty. In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. Examples of coercive control include, but are not limited to, engaging in any of the following:

(i) Intimidation or controlling or compelling conduct by:

(A) Damaging, destroying, or threatening to damage or destroy, or forcing the other party to relinquish, goods, property, or items of special value;

(B) Using technology to threaten, humiliate, harass, stalk, intimidate, exert undue influence over, or abuse the other party, including by engaging in cyberstalking, monitoring, surveillance, impersonation, manipulation of electronic media, or distribution of or threats to distribute actual or fabricated intimate images;

(C) Carrying, exhibiting, displaying, drawing, or threatening to use, any firearm or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate the other party or that warrants alarm by the other party for their safety or the safety of other persons;

(D) Driving recklessly with the other party or minor children in the vehicle;

(E) Communicating, directly or indirectly, the intent to:

(I) Harm the other party's children, family members, friends, or pets, including by use of physical forms of violence;

(II) Harm the other party's career;

(III) Attempt suicide or other acts of self-harm; or

(IV) Contact local or federal agencies based on actual or suspected immigration status;

(F) Exerting control over the other party's identity documents;

(G) Making, or threatening to make, private information public, including the other party's sexual orientation or gender identity, medical or behavioral health information, or other confidential information that jeopardizes safety; or

(H) Engaging in sexual or reproductive coercion;

(ii) Causing dependence, confinement, or isolation of the other party from friends, relatives, or other sources of support, including schooling and employment, or subjecting the other party to physical confinement or restraint;

(iii) Depriving the other party of basic necessities or committing other forms of financial exploitation;

(iv) Controlling, exerting undue influence over, interfering with, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or employment, including but not limited to interference with or attempting to limit access to services for children of the other party, such as health care, medication, child care, or school-based extracurricular activities;

(v) Engaging in vexatious litigation or abusive litigation as defined in RCW 26.51.020 against the other party to harass, coerce, or control the other party, to diminish or exhaust the other party's financial resources, or to compromise the other party's employment or housing; or

(vi) Engaging in psychological aggression, including inflicting fear, humiliating, degrading, or punishing the other party.

(b) "Coercive control" does not include protective actions taken by a party in good faith for the legitimate and lawful purpose of protecting themselves or children from the risk of harm posed by the other party.

(5) "Consent" in the context of sexual acts means that at the time of sexual contact, there are actual words or conduct indicating freely given agreement to that sexual contact. Consent must be ongoing and may be revoked at any time. Conduct short of voluntary agreement does not constitute consent as a matter of law. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained.

(6)(a) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes any form of communication, contact, or conduct, including the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."

(b) In determining whether the course of conduct serves any legitimate or lawful purpose, a court should consider whether:

(i) Any current contact between the parties was initiated by the respondent only or was initiated by both parties;

(ii) The respondent has been given clear notice that all further contact with the petitioner is unwanted;

(iii) The respondent's course of conduct appears designed to alarm, annoy, or harass the petitioner;

(iv) The respondent is acting pursuant to any statutory authority including, but not limited to, acts which are reasonably necessary to:

(A) Protect property or liberty interests;

(B) Enforce the law; or

(C) Meet specific statutory duties or requirements;

(v) The respondent's course of conduct has the purpose or effect of unreasonably interfering with the petitioner's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner; or

(vi) Contact by the respondent with the petitioner or the petitioner's family has been limited in any manner by any previous court order.

(7) "Court clerk" means court administrators in courts of limited jurisdiction and elected court clerks.

(8) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

(9) "Domestic violence" means:

(a) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or

(b) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.

(10) "Electronic monitoring" has the same meaning as in RCW 9.94A.030.

(11) "Essential personal effects" means those items necessary for a person's immediate health, welfare, and livelihood. "Essential personal effects" includes, but is not limited to, clothing, cribs, bedding, medications, personal hygiene items, cellular phones and other electronic devices, and documents, including immigration, health care, financial, travel, and identity documents.

(12) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, assisted living facilities; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; chapter 71A.20 RCW, residential habilitation centers; or any other facility licensed or certified by the department of social and health services.

(13) "Family or household members" means: (a) Persons related by blood, marriage, domestic partnership, or adoption; (b) persons who currently or formerly resided together; (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent's intimate partner and children; and (d) a person who is acting or has acted as a legal guardian.

(14) "Financial exploitation" means the illegal or improper use of, control over, or withholding of, the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage. "Financial exploitation" includes, but is not limited to:

(a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, government benefits, health insurance benefits, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;

(b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship or conservatorship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or

(c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of the vulnerable adult's property, income, resources, or trust funds.

(15) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. "Firearm" also includes parts that can be assembled to make a firearm.

(16) "Full hearing" means a hearing where the court determines whether to issue a full protection order.

(17) "Full protection order" means a protection order that is issued by the court after notice to the respondent and where the parties had the opportunity for a full hearing by the court. "Full protection order" includes a protection order entered by the court by agreement of the parties to resolve the petition for a protection order without a full hearing.

SHARING >NEW LAW Provides Much-Needed Relief from Abusive Litigation by Domestic Violence Perpetrators

 https://www.lasher.com/new-law-provides-much-needed-relief-from-abusive-litigation-by-domestic-violence-perpetrators/

 

SHARED FROM>

If you have any questions, please contact James Stensel at stensel@lasher.com.

Posted on December 10, 2020 by James Stensel

 

In March 2020, the Washington State Legislature passed legislation against “abusive litigation.”  Abusive litigation is regularly perpetrated by domestic violence abusers and has been referred to as “legal bullying.”  . In addressing this problem, the Legislature recognized that family law cases including dissolution's, legal separations, parenting plan actions, and protection order proceedings are commonplace for abusive litigants. Under RCW 26.51.et. seq., the Legislature summarized that:

[I]individuals who abuse their intimate partners often misuse court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the abused partner. Court proceedings can provide a means for an abuser to exert and reestablish power and control over a domestic violence survivor long after a relationship has ended. The legal system unwittingly becomes another avenue that abusers exploit to cause psychological, emotional, and financial devastation. This misuse of the court system by abusers has been referred to as legal bullying, stalking through the courts, paper abuse, and similar terms. The legislature finds that the term “abusive litigation” is the most common term and that it accurately describes this problem.

While having no effect on a person’s constitutional right to access to the courts, the new laws grant the court additional discretion to terminate, mitigate, and address abusive litigation.

Under this legislation, a victim may assert a claim of abusive litigation if the party filing or advancing the litigation is currently or previously an intimate partner, and has been found to have committed domestic violence against the victim. At the same time, the court must find that the claims, allegations, and other legal contentions are not warranted under the law, or that the factual contentions are not supported by evidence, or that the issue presented was previously filed and disposed of unfavorably to the party advancing the claim.

Under the new law, the courts are now empowered to enter an order restricting abusive litigation, which may be requested by party motion, motion response, petition, answer, or even by the court upon its own motion. Upon request, the court will set a motion hearing to determine whether the litigation meets the definition of abusive litigation. If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation, the action will be denied. In addition, the court will enter an “order restricting abusive litigation,” which will impose all costs and reasonable attorney fees incurred, and will impose a not less than 4- and not more than 6-year pre-filling restriction upon the party found to have engaged in the abusive litigation. The abusive litigator will be required to seek permission from the court before proceeding with future litigation against the other party.

For domestic violence survivors who are continuing to be dragged through the courts by their abusers, this new law provides a much-needed avenue for relief from abusive litigation, effective January 1, 2021.

 

 

 

with-out strings attached ....