Relates to controlling and abusive litigation

Summary

Establishes penalties where a party is found to be engaged in controlling and abusive litigation against another where they have committed an act of domestic violence against the other party and in bad faith such person advances or continues litigation against the party who is the victim of the domestic violence.

Summary from NY Open Legislation. How we handle summaries

Your position on this bill

Choose the position closest to yours. You'll sign in or create an account to save it.

Purpose, from the sponsor's memo

Section 1. The family court act is amended by adding a new section 159 to read as follows: § 159. Controlling and abusive litigation. (a) As used in this section "litigation" means any kind of legal action or proceeding including, but not limited to: filing a summons, complaint, demand, or petition; serving a summons, complaint, demand, or petition, regardless of whether it has been filed; filing a motion, notice of court date, or order to appear; serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled; filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request; or serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request. (b) Upon a motion filed pursuant to this section, the court shall deter- mine whether a party is engaging in controlling and abusive litigation. The court shall find that a party is engaged in controlling and abusive litigation if said party: 1. has committed an act or acts of domestic violence against the other party in the matter and that party is deemed a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or the provisions of a substan- tially similar statute under the laws of another state or the United States; and 2. in bad faith and primarily for the purpose of delay; malicious inju- ry; or harassing, intimidating, or maintaining contact with the other party, initiates, advances, or continues litigation against the party who is the victim or victims of domestic violence; and 3. with regard to litigation initiated, advanced, or continued by the party allegedly engaging in controlling and abusive litigation, the court finds by a preponderance of the evidence that: i. claims, allegations, and other legal contentions in the litigation are without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law, an existing order, or the establishment of a new order; or ii. allegations and other factual contentions in the litigation are made without evidentiary support; or iii. one or more issues that are the basis of the litigation have previ- ously been the subject of litigation filed in the same or another court in this state or any other court of competent jurisdiction and the actions have been litigated and disposed of unfavorably to the party alleged to be engaging in controlling and abusive litigation. (c) 1. A motion may be filed at any time to determine whether a party is engaging in controlling and abusive litigation by a party who is a victim of domestic violence as defined in subdivision one of section four hundred fifty-nine-a of the social services law, or on the court's own motion. If the court verifies that both parties are family or house- hold members as defined by subdivision two of section four hundred fifty-nine-a of the social services law and the party raising the claim of controlling and abusive litigation has been found to be a victim of domestic violence by the conduct of the other party, or the court is unable to verify that one element is not true, the court shall set a hearing to determine whether the litigation is controlling and abusive litigation. The motion may be filed orally while under oath, or in writ- ing, in accordance with the rules of court. 2. At the time set for the hearing on the alleged controlling and abusive litigation, the court shall hear all relevant testimony and may require any affidavits, documentary evidence or other records the court deems necessary. (d) There shall be a rebuttable presumption that a party is engaging in controlling and abusive litigation if: 1. the litigation initiated, advanced, or continued by the party allegedly engaging in controlling and abusiv

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Assigned to a committee for review.

Rules · New York State Assembly

Also referred to Rules · New York State Senate.

Full history

1. Jun 4, 2026

   Referred to committee

   REFERRED TO RULES

   NY Senate