QLD
Magistrates Court of Queensland, Domestic and Family Violence Protection Act 2012 Bench Book (2025).
Chapters 6.5 and 15.18 discuss the court’s power to make a permanent stay of proceedings where an application for a protection order is considered an abuse of process.
Vic
Judicial College of Victoria, Family Violence Bench Book (2014).
3.1 discusses the court’s power to make vexatious litigation restraint orders. 3.7 discusses the court’s power to make a costs order where the application was frivolous, vexatious or made in bad faith.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
Section [13.9.2] notes: ‘In some circumstances Family Court proceedings or orders have been used by a perpetrator of family or domestic violence to reassert their power and control’.
Canada
Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2020).
Chapter 7: Perpetration Characteristics and Litigation Tactics ‘discusses options in response to the rationalizations and litigation tactics of domestic violators who engage in the coercive, controlling, dominating aspects of domestic violence in order to gain the upper hand in family and child protection litigation’.
Section 7.4: Perpetrator litigation tactics discusses the use of litigation to control or harass: ‘[p]rotracted litigation not only forces the targeted parent into continuing contact with the domestic violator, it also depletes resources, increases stress, and interferes with recovery from domestic violence’. The section goes onto consider judicial responses to litigation tactics, including:
•
Including explicit findings in judgments relating to and denouncing the misuse of litigation;
•
Engaging in coordinated case management and information sharing;
•
Exercising the court’s authority to prevent abuse of process by declaring a litigant to be vexatious;
•
Potential cost options (e.g. interim cost orders);
•
Appeal options (i.e. appealing orders is a litigation tactic; responses include requiring security for costs or requiring the appellant to comply with existing orders before entertaining the appeal);
•
Avoiding orders that enable harassment and control;
•
Additional options in response to excessive litigation (e.g. cost orders to pay for targeted parent’s legal representation; prohibit the presence of the abusive party during discovery of documents).
Section 7.4.2: Responding to allegations of the targeted partner’s unlawful conduct
•
This tactic may be used to discourage survivors from contacting police where survivors have been previously arrested based on the perpetrator’s allegations
•
See also ‘6.4.6 When the parties present mirror claims’, describing tactics of the batterer to accuse the victim of behaviours similar to his own to distract from his abuse
Section 7.4.12: Interpreting information when only one party is physically present
•
This increases the risk of, e.g., orders being enforced without contemplating DV or abuse
Section 7.4.23: When the perpetrator makes spurious child abuse claims
Section 7.4.24: When perpetrators enlist grandparents
•
Describes instances where perpetrators’ family members ‘seek to be added as parties to litigation against the mother’
Section 7.4.28: When perpetrators make complaints against professionals (such as police, evaluators, therapists, supervisors of access, child protection authorities, mediators, lawyers, and judges), and Section 7.4.29: When the perpetrator threatens service providers, lawyers and judges
•
Refers to instances of hiring and firing lawyers, and making multiple complaints, dragging out the process for the victim for extended periods of time and prolonging contact and control
Section 7.4.3: When the perpetrator insists on mutual protection orders
Section 7.4.32: When perpetrators file retaliatory parallel claims in multiple courts
Section 5.3: Detection and prevention of intimidation in discovery proceedings and hearings
•
This section notes the continued tactics of intimidation and harassment targeted persons may experience in court, emphasising they may be quite subtle. Some possible judicial responses to such actions are identified:
◦
Monitoring cross examination, and ensuring this is conducted by a lawyer;
◦
Redirecting perpetrator’s testimony to relevant issues;
◦
Enabling the victim to testify without directly facing the perpetrator (e.g. via video link of from behind a screen);
◦
Providing separate waiting rooms for the parties;
◦
Staggering the parties’ entrances and exits;
◦
Allowing a support person to assist the victim.
•
It should be noted that ‘[s]tressful surroundings can exaggerate underlying psychological reactions and harm produced by domestic violence. Witnesses are being asked to recount traumatic abuse and violence by persons who breached an intimate trust. In such circumstances, it is particularly important for lawyers and service providers, particularly male professionals, to put the witness at ease and to ensure that all questions are phrased in a non-threatening, non-accusatory manner’ (Section 5.3.3).
QLD
Magistrates Court of Queensland, Domestic and Family Violence Protection Act 2012 Bench Book (2025).
Chapters 6.5 and 15.18 discuss the court’s power to make a permanent stay of proceedings where an application for a protection order is considered an abuse of process.
Vic
Judicial College of Victoria, Family Violence Bench Book (2014).
3.1 discusses the court’s power to make vexatious litigation restraint orders. 3.7 discusses the court’s power to make a costs order where the application was frivolous, vexatious or made in bad faith.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
Section [13.9.2] notes: ‘In some circumstances Family Court proceedings or orders have been used by a perpetrator of family or domestic violence to reassert their power and control’.
Canada
Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2020).
Chapter 7: Perpetration Characteristics and Litigation Tactics ‘discusses options in response to the rationalizations and litigation tactics of domestic violators who engage in the coercive, controlling, dominating aspects of domestic violence in order to gain the upper hand in family and child protection litigation’.
Section 7.4: Perpetrator litigation tactics discusses the use of litigation to control or harass: ‘[p]rotracted litigation not only forces the targeted parent into continuing contact with the domestic violator, it also depletes resources, increases stress, and interferes with recovery from domestic violence’. The section goes onto consider judicial responses to litigation tactics, including:
•
Including explicit findings in judgments relating to and denouncing the misuse of litigation;
•
Engaging in coordinated case management and information sharing;
•
Exercising the court’s authority to prevent abuse of process by declaring a litigant to be vexatious;
•
Potential cost options (e.g. interim cost orders);
•
Appeal options (i.e. appealing orders is a litigation tactic; responses include requiring security for costs or requiring the appellant to comply with existing orders before entertaining the appeal);
•
Avoiding orders that enable harassment and control;
•
Additional options in response to excessive litigation (e.g. cost orders to pay for targeted parent’s legal representation; prohibit the presence of the abusive party during discovery of documents).
Section 7.4.2: Responding to allegations of the targeted partner’s unlawful conduct
•
This tactic may be used to discourage survivors from contacting police where survivors have been previously arrested based on the perpetrator’s allegations
•
See also ‘6.4.6 When the parties present mirror claims’, describing tactics of the batterer to accuse the victim of behaviours similar to his own to distract from his abuse
Section 7.4.12: Interpreting information when only one party is physically present
•
This increases the risk of, e.g., orders being enforced without contemplating DV or abuse
Section 7.4.23: When the perpetrator makes spurious child abuse claims
Section 7.4.24: When perpetrators enlist grandparents
•
Describes instances where perpetrators’ family members ‘seek to be added as parties to litigation against the mother’
Section 7.4.28: When perpetrators make complaints against professionals (such as police, evaluators, therapists, supervisors of access, child protection authorities, mediators, lawyers, and judges), and Section 7.4.29: When the perpetrator threatens service providers, lawyers and judges
•
Refers to instances of hiring and firing lawyers, and making multiple complaints, dragging out the process for the victim for extended periods of time and prolonging contact and control
Section 7.4.3: When the perpetrator insists on mutual protection orders
Section 7.4.32: When perpetrators file retaliatory parallel claims in multiple courts
Section 5.3: Detection and prevention of intimidation in discovery proceedings and hearings
•
This section notes the continued tactics of intimidation and harassment targeted persons may experience in court, emphasising they may be quite subtle. Some possible judicial responses to such actions are identified:
◦
Monitoring cross examination, and ensuring this is conducted by a lawyer;
◦
Redirecting perpetrator’s testimony to relevant issues;
◦
Enabling the victim to testify without directly facing the perpetrator (e.g. via video link of from behind a screen);
◦
Providing separate waiting rooms for the parties;
◦
Staggering the parties’ entrances and exits;
◦
Allowing a support person to assist the victim.
•
It should be noted that ‘[s]tressful surroundings can exaggerate underlying psychological reactions and harm produced by domestic violence. Witnesses are being asked to recount traumatic abuse and violence by persons who breached an intimate trust. In such circumstances, it is particularly important for lawyers and service providers, particularly male professionals, to put the witness at ease and to ensure that all questions are phrased in a non-threatening, non-accusatory manner’ (Section 5.3.3).