How can my adopted nephew stop his ex from filing frivolous lawsuits?

Asked about 5 years ago - Los Angeles, CA

What can my nephew in california do to make his ex-wife stop dragging him in court? She is using the kids to get even with him for leaving. So far, her suits against him have been: child molestation, disability fraud, drug abuse while the kids are visiting, and physical abuse of them. These have happened because he received partial visitation. He has proven each suit to be a lie but what law can he use to protect himself from her and the California legal system?

I know that this probably shouldn't be here but he is considering giving her sole custody because the state keeps sending him summons or officials with clipboards. I hope that someone can help him to keep his family together.

Attorney answers (3)

  1. Brian Richard Dinday

    Contributor Level 16

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    Answered . I think what you are talking about is not vexatious civil lawsuits, but maliciously inspired criminal complaints to the police and CPS. No judge is ever going to order someone NOT to report abuse of children, no matter how many past false complaints were made. The ONLY solution is one that prosecutors absolutely refuse to utilize: prosecute HER for these false police reports. Otherwise, she has no motivation whatever to stop her malicious campaign against him. I wish I could offer you a solution, but I have not found one yet for this recurring problem. Maybe the government will notice the problem when instead of your nephew it is the son of the chairman of a legislative committee.

    The worst part is that not only does she have virtual immunity for her criminal acts, but it is FREE, because our tax dollars fund her hate campaign. your nephew has to hire a lawyer. She does not. It's a terrible dilemma.

    The only approach I can suggest to him is to collect up a stack of all the documentation of her false complaints; the court rulings and investigative reports finding that they are baseless, and make several copies of the package. Keep one in the car. One at home, and one at work. So that when the next Gestappo assault occurs, he can just smile, hand them the stack and say "When will you people learn?"

  2. Steven Alan Fink

    Contributor Level 20

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    Answered . There is a vexatious litigant statute that deals with multiple filings of frivolous lawsuits in pro per. It requires 5 lawsuits within 7 years to be determined adversely, other than small claims, or repeated relitigiation of same issue or motion. See CCP 391. The filing of a moton under this section stays the litigation until she pays security into the court.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. John M. Kaman

    Pro

    Contributor Level 20

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    Answered . Mr Dinday is correct that this is not a vexatious litigant situation which has to do only with civil suits. These are criminal charges and as Mr. Dinday said no one is going to order her not to file them. One hopes that after a time she will lose all credibility with the police and the courts.

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