Frivolous
Litigation
Definition:
Frivolous Litigation - The use of
unmerited legal proceedings to hurt, harass or gain an economic advantage over
an individual or organization.
A Summons to Suffering
Some Personality-Disordered individuals
will use the legal system as a proxy to continue their abuse, harassment or
conflict with someone through groundless lawsuits, meritless proceedings and
spurious legal action. The motivations for the litigant can include withholding
of rightful support, or causing mental, emotional and financial suffering for
the attacked family member or partner.
Of course, not all litigation is
frivolous. Some, such as court action to protect a child or prosecute a crime,
is completely just and proper. However when legal arguments are not supported
by the applicable laws, or are based on false testimony, or have been commenced
simply to cause distress, harm or fear to the other party, the litigation is
effectively a form of abuse attempted via the legal system.
Frivolous Litigation is a form of Proxy
Recruitment, which basically means the person is using the court system to “do
their dirty work."
Some people with Personality Disorders
are drawn towards conflict and will use litigation as a tool to sustain
conflict or support a need to feel powerful. Sometimes, just the threat of a
lawsuit is enough to control a person and make them “fall into line.” Many
people and organizations will surrender significant resources or positions to a
litigious bully just to avoid the legal fees, inconvenience and risk of a legal
proceeding.
What
it Looks Like
- A parent files a false police report, claiming that their teenager is using violent, aggressive or dangerous behavior.
- A woman files a restraining order against her ex-boyfriend making false accusations about acts of violence.
- A man takes his ex-wife to court with dubious arguments that he should not be required to pay child support.
- An employee or client fakes or exaggerates an injury and attempts to extort financial remuneration from an organization.
How it Feels
If you are on the receiving end of
legal proceedings instigated by a person with a Personality Disorder, your
primary emotions are probably anxiety or fear. You are probably already
familiar with the kinds of accusations that may be leveled against you, and
your primary concern is likely to be “what if the judge believes it?”
What NOT to do
- Don’t engage a litigious person directly or in person. Don’t react or retaliate. You may be giving them the conflict they want.
- Don’t believe everything a person with a personality disorder claims about the strength of their case. It is quite common for them to lie, exaggerate or embellish.
- Don’t assume that a judge will believe everything they are told by a litigious person.
- Don’t be pressured into giving up or agreeing to something that is important without getting legal advice first.
- Don’t get your legal advice from well-intentioned friends and family who are untrained in the law.
What TO do:
- Get sound legal advice from a reputable attorney. Most people think nothing of spending $200-$300 to fix their car but many avoid spending as much to get the peace of mind that comes from knowing what the law actually says about their situation.
- “Document, document, document” - gather and keep documentation, including diary entries with specific dates and incidents, which support the truth and may be used as reminders of evidence if and when you need it.
- Keep all communications with a litigious person to an absolute minimum, and if you must communicate, make it impersonal, professional and written only. Send via an attorney if possible to.
This article doesn't even come close to explaining what it is like to be harassed via the legal system by a sociopath. But it does outline the very basics. Out of the Fog is a site that provides very basic, bullet point information on personality disorders.
Source: Out of the Fog