Washington's Motions to Restrict Abusive Litigation: Domestic Violence, Post-Separation Litigation Abuse, and the Court’s Mitigation of Complex Conflict

Abstract

The purpose of this exploratory study is to further examine post-separation abusive dynamics in civil court through Washington state’s Motions to Restrict Abusive Litigation (MTRALs). MTRAL docket information was obtained from King County Superior Court. Quantitative data was collected for statistical analysis with a gender binary applied to MTRAL petitioners; thematic analysis was applied to four domestic court cases with MTRAL filings for qualitative data. From January 1, 2021, to December 31, 2025, 168 individual MTRALs were filed across 144 cases within King County. In civil court, women petitioned for 51% of total MTRALs, most often in connection with a domestic violence protection order. In domestic court, women petitioned for 64% of total MTRALs. Shared children were present in 95% of domestic court cases, with 23% of cases including child protective agencies listed. Themes of abuse existing outside of what is legally defined as abuse, survivor concern for child safety while in the abusive party’s care, and the importance of legal representation was shown. Sub-themes of the legal system’s structural limitations, how the court’s reunification or "pro-contact" stance affects children, and use of abusive litigation was also present within the data. These findings demonstrate men are petitioning for domestic-violence legal protections at a similar rate as women, and our civil legal system struggles to respond to family law cases where complex abuse is present.