S T A T E O F N E W Y O R K
________________________________________________________________________
10654
I N S E N A T E
June 4, 2026
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the family court act and the domestic relations law, in
relation to controlling and abusive litigation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
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; SERV-
ING 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
DETERMINE WHETHER A PARTY IS ENGAGING IN CONTROLLING AND ABUSIVE LITI-
GATION. 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
INJURY; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16045-02-6
S. 10654 2
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
PREVIOUSLY 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 ABUSIVE LITIGATION INVOLVES THE
SAME OR SUBSTANTIALLY SIMILAR ISSUES BETWEEN THE SAME OR SUBSTANTIALLY
SIMILAR PARTIES WHICH HAVE BEEN LITIGATED WITHIN THE PAST FIVE YEARS IN
THE SAME COURT OR ANY OTHER COURT OF COMPETENT JURISDICTION; OR
2. THE LITIGATION INITIATED, ADVANCED, OR CONTINUED BY THE PARTY
ALLEGEDLY ENGAGING IN CONTROLLING AND ABUSIVE LITIGATION INVOLVES THE
SAME OR SUBSTANTIALLY SIMILAR ISSUES BETWEEN THE SAME OR SUBSTANTIALLY
SIMILAR PARTIES HAVE BEEN RAISED, PLED OR ALLEGED IN THE PAST FIVE YEARS
AND WERE DISMISSED ON THE MERITS OR WITH PREJUDICE;
3. WITHIN THE PAST TEN YEARS, A COURT IN THIS STATE OR ANOTHER JURIS-
DICTION HAS DETERMINED THAT THE PARTY ALLEGEDLY ENGAGING IN CONTROLLING
AND ABUSIVE LITIGATION HAS PREVIOUSLY ENGAGED IN CONTROLLING AND ABUSIVE
LITIGATION OR SIMILAR CONDUCT; OR
4. WITHIN THE PAST TEN YEARS, THE PARTY ALLEGEDLY ENGAGING IN CONTROL-
LING AND ABUSIVE LITIGATION HAS BEEN FOUND TO HAVE INITIATED, ADVANCED,
OR CONTINUED LITIGATION THAT WAS FOUND TO HAVE BEEN FRIVOLOUS PURSUANT
TO SECTION EIGHTY-THREE HUNDRED THREE-A OF THE CIVIL PRACTICE LAW AND
RULES OR 22 NYCRR § 130-1.1 OR A SIMILAR LAW OR RULE IN THIS STATE OR
ANOTHER JURISDICTION.
S. 10654 3
(E) UPON FINDING THAT A PARTY HAS ENGAGED IN CONTROLLING AND ABUSIVE
LITIGATION, IN ADDITION TO ANY OTHER RELIEF DEEMED APPROPRIATE, THE
COURT SHALL ENTER AN ORDER:
1. DISMISSING ANY MATTER OR DENYING ANY RELIEF REQUESTED PURSUANT TO
PENDING CONTROLLING AND ABUSIVE LITIGATION INITIATED, ADVANCED, OR
CONTINUED BY THE PARTY;
2. AWARDING REASONABLE ATTORNEYS' FEES, EXPENSES, AND COSTS OF
RESPONDING TO THE CONTROLLING AND ABUSIVE LITIGATION, INCLUDING THOSE
ASSOCIATED WITH A MOTION FILED PURSUANT TO THIS SECTION, LOST WAGES,
TRANSPORTATION COSTS AND CHILDCARE COSTS;
3. IDENTIFYING THE VICTIM OF THE CONTROLLING AND ABUSIVE LITIGATION
AND PROVIDING THAT THE VICTIM SHALL NOT BE REQUIRED TO RESPOND TO ANY
PENDING OR FUTURE LITIGATION, UNLESS DIRECTED TO DO SO BY THE COURT;
4. PROHIBITING THE PARTY FOUND TO BE ENGAGING IN CONTROLLING AND
ABUSIVE LITIGATION FROM INITIATING, ADVANCING, OR CONTINUING LITIGATION
INVOLVING THE VICTIM OF THE CONTROLLING AND ABUSIVE LITIGATION, EXCEPT
UPON LEAVE OF COURT GRANTED UPON APPLICATION SUBMITTED IN ACCORDANCE
WITH THE RULES OF COURT; AND
5. IMPOSING A TWENTY-FIVE HUNDRED DOLLAR FINE FOR EACH FINDING OF
CONTROLLING AND ABUSIVE LITIGATION. LEAVE SHALL NOT BE GRANTED PURSUANT
TO PARAGRAPH FOUR OF THIS SUBDIVISION UNTIL SUCH FINES HAVE BEEN PAID IN
FULL.
(F) IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE
LITIGATION DOES NOT CONSTITUTE CONTROLLING AND ABUSIVE LITIGATION, THE
COURT SHALL ENTER WRITTEN FINDINGS AND THE LITIGATION SHALL PROCEED.
(G) NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT A PARTY FOUND
TO BE ENGAGING IN CONTROLLING AND ABUSIVE LITIGATION FROM FILING, INITI-
ATING, ADVANCING, OR CONTINUING LITIGATION THAT DOES NOT VIOLATE THE
PROVISIONS OF THIS SECTION.
§ 2. The domestic relations law is amended by adding a new section 256
to read as follows:
§ 256. CONTROLLING AND ABUSIVE LITIGATION. 1. 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; SERV-
ING 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.
2. UPON A MOTION FILED PURSUANT TO THIS SECTION, THE COURT SHALL
DETERMINE WHETHER A PARTY IS ENGAGING IN CONTROLLING AND ABUSIVE LITI-
GATION. THE COURT SHALL FIND THAT A PARTY IS ENGAGED IN CONTROLLING AND
ABUSIVE LITIGATION IF SAID PARTY:
(A) 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
SUBSTANTIALLY SIMILAR STATUTE UNDER THE LAWS OF ANOTHER STATE OR THE
UNITED STATES; AND
(B) IN BAD FAITH AND PRIMARILY FOR THE PURPOSE OF DELAY; MALICIOUS
INJURY; 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
S. 10654 4
(C) 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
PREVIOUSLY 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.
3. (A) 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.
(B) 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.
4. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A PARTY IS ENGAGING IN
CONTROLLING AND ABUSIVE LITIGATION IF:
(A) THE LITIGATION INITIATED, ADVANCED, OR CONTINUED BY THE PARTY
ALLEGEDLY ENGAGING IN CONTROLLING AND ABUSIVE LITIGATION INVOLVES THE
SAME OR SUBSTANTIALLY SIMILAR ISSUES BETWEEN THE SAME OR SUBSTANTIALLY
SIMILAR PARTIES WHICH HAVE BEEN LITIGATED WITHIN THE PAST FIVE YEARS IN
THE SAME COURT OR ANY OTHER COURT OF COMPETENT JURISDICTION; OR
(B) THE LITIGATION INITIATED, ADVANCED, OR CONTINUED BY THE PARTY
ALLEGEDLY ENGAGING IN CONTROLLING AND ABUSIVE LITIGATION INVOLVES THE
SAME OR SUBSTANTIALLY SIMILAR ISSUES BETWEEN THE SAME OR SUBSTANTIALLY
SIMILAR PARTIES HAVE BEEN RAISED, PLED OR ALLEGED IN THE PAST FIVE YEARS
AND WERE DISMISSED ON THE MERITS OR WITH PREJUDICE;
(C) WITHIN THE PAST TEN YEARS, A COURT IN THIS STATE OR ANOTHER JURIS-
DICTION HAS DETERMINED THAT THE PARTY ALLEGEDLY ENGAGING IN CONTROLLING
AND ABUSIVE LITIGATION HAS PREVIOUSLY ENGAGED IN CONTROLLING AND ABUSIVE
LITIGATION OR SIMILAR CONDUCT; OR
(D) WITHIN THE PAST TEN YEARS, THE PARTY ALLEGEDLY ENGAGING IN
CONTROLLING AND ABUSIVE LITIGATION HAS BEEN FOUND TO HAVE INITIATED,
ADVANCED, OR CONTINUED LITIGATION THAT WAS FOUND TO HAVE BEEN FRIVOLOUS
PURSUANT TO SECTION EIGHTY-THREE HUNDRED THREE-A OF THE CIVIL PRACTICE
LAW AND RULES OR 22 NYCRR § 130-1.1 OR A SIMILAR LAW OR RULE IN THIS
STATE OR ANOTHER JURISDICTION.
S. 10654 5
5. UPON FINDING THAT A PARTY HAS ENGAGED IN CONTROLLING AND ABUSIVE
LITIGATION, IN ADDITION TO ANY OTHER RELIEF DEEMED APPROPRIATE, THE
COURT SHALL ENTER AN ORDER:
(A) DISMISSING ANY MATTER OR DENYING ANY RELIEF REQUESTED PURSUANT TO
PENDING CONTROLLING AND ABUSIVE LITIGATION INITIATED, ADVANCED, OR
CONTINUED BY THE PARTY;
(B) AWARDING REASONABLE ATTORNEYS' FEES, EXPENSES, AND COSTS OF
RESPONDING TO THE CONTROLLING AND ABUSIVE LITIGATION, INCLUDING THOSE
ASSOCIATED WITH A MOTION FILED PURSUANT TO THIS SECTION, LOST WAGES,
TRANSPORTATION COSTS AND CHILDCARE COSTS;
(C) IDENTIFYING THE VICTIM OF THE CONTROLLING AND ABUSIVE LITIGATION
AND PROVIDING THAT THE VICTIM SHALL NOT BE REQUIRED TO RESPOND TO ANY
PENDING OR FUTURE LITIGATION, UNLESS DIRECTED TO DO SO BY THE COURT;
(D) PROHIBITING THE PARTY FOUND TO BE ENGAGING IN CONTROLLING AND
ABUSIVE LITIGATION FROM INITIATING, ADVANCING, OR CONTINUING LITIGATION
INVOLVING THE VICTIM OF THE CONTROLLING AND ABUSIVE LITIGATION, EXCEPT
UPON LEAVE OF COURT GRANTED UPON APPLICATION SUBMITTED IN ACCORDANCE
WITH THE RULES OF COURT; AND
(E) IMPOSING A TWENTY-FIVE HUNDRED DOLLAR FINE FOR EACH FINDING OF
CONTROLLING AND ABUSIVE LITIGATION. LEAVE SHALL NOT BE GRANTED PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION UNTIL SUCH FINES HAVE BEEN PAID IN
FULL.
6. IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE
LITIGATION DOES NOT CONSTITUTE CONTROLLING AND ABUSIVE LITIGATION, THE
COURT SHALL ENTER WRITTEN FINDINGS AND THE LITIGATION SHALL PROCEED.
7. NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT A PARTY FOUND
TO BE ENGAGING IN CONTROLLING AND ABUSIVE LITIGATION FROM FILING, INITI-
ATING, ADVANCING, OR CONTINUING LITIGATION THAT DOES NOT VIOLATE THE
PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
