Revised Code of Washington

Wash. Rev. Code § 26.51.020 (2026)

Definitions

✓ current as of May 2026

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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Abusive litigation" means litigation where the following apply:

(a)(i) The opposing parties have a current or former intimate partner relationship;

(ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence against the other party pursuant to: (A) An order entered under chapter 7.105 RCW or former chapter 26.50 RCW; (B) a parenting plan with restrictions based on RCW 26.09.191(4)(a)(iii); or (C) a restraining order entered under chapter 26.09, 26.26A, or 26.26B RCW, provided that the issuing court made a specific finding that the restraining order was necessary due to domestic violence; and

(iii) The litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party; and

(b) At least one of the following factors apply:

(i) Claims, allegations, and other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;

(ii) Allegations and other factual contentions made in the litigation are without the existence of evidentiary support; or

(iii) An issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.

(2) "Intimate partner" is defined in RCW 7.105.010.

(3) "Litigation" means any kind of legal action or proceeding including, but not limited to: (a) Filing a summons, complaint, demand, or petition; (b) serving a summons, complaint, demand, or petition, regardless of whether it has been filed; (c) filing a motion, notice of court date, note for motion docket, or order to appear; (d) serving a motion, notice of court date, note for motion docket, or order to appear, regardless of whether it has been filed or scheduled; (e) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request; or (f) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request.

(4) "Perpetrator of abusive litigation" means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation.

[ 2025 c 166 s 9. Prior: 2021 c 215 s 143; 2021 c 65 s 103; 2020 c 311 s 2.]

Notes:

Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

Explanatory statement—2021 c 65: See note following RCW 53.54.030.

Notes of Decisions

Cited in 16 cases (16 in the last 5 years), 2024–2026 · leading case: Christy Mckinley, V. Lars Sommer (Wash. Ct. App. 2025).

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Christy Mckinley, V. Lars Sommer (Wash. Ct. App. 2025). · cites it 6× “Abusive use of conflict includes, but is not limited to, abusive litigation as defined in RCW 26.51.020. If the court finds a parent has engaged in abusive litigation, the court may impose any restriction or remedies set forth in chapter 26.”

Main Street Ltd Partners, App v. Commonwealth Land Title Ins. Co., Resp (Wash. Ct. App. 2024). · cites it 3× “, RCW 26.51.020 (defining litigation for the purposes of abusive litigation); 2,3 CR 3(a).”

Nicholas Cabral v. Dustin Glinski (Wash. Ct. App. 2026). · cites it 3× “Under RCW 26.51.020(1)(a), litigation is abusive if (i) The opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence…”

Beth Anne Cabral v. Dustin Glinski (Wash. Ct. App. 2026). · cites it 3× “Under RCW 26.51.020(1)(a), litigation is abusive if (i) The opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence…”

Sandeep Arugonda, Resp/x-app. V. Keerthi Ananthula, App/x-resp. (Wash. Ct. App. 2025). · cites it 2× “” RCW 26.51.020. The statute further requires that at least one of the following factors applies: (i) Claims, allegations, and other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or…”

Tayme Rose-leavitt, V. Rand Workman (Wash. Ct. App. 2025). · cites it 2× “Under RCW 26.51.020(1)(a), litigation is “abusive” if (i) [t]he opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed [DV] against the…”

Geoffrey Nelson Burns, V. Dina Patricia Burns (Wash. Ct. App. 2025). · cites it 2× “191 limitations against Geoffrey due to abusive use of conflict, her arguments at trial concerned Geoffrey’s attempt to limit her contact with the children by filing for temporary orders shortly after her arrest and by canceling too many scheduled visits.”

In the Matter of the Marriage of: Rachelle Johnson & Joshua Johnson (Wash. Ct. App. 2025). · cites it 2× “” The definition of “abusive use of conflict” includes, but is not limited to, abusive litigation as defined in RCW 26.51.020. Here, although Rachelle presented written communications from Joshua and threats to utilize litigation to obstruct or financially inhibit her,…”

In the Matter of the Parenting & Support of: H.P.H. (Wash. Ct. App. 2026). · cites it 2× “But the trial court did not specify whether its abusive use of conflict finding was based on abusive litigation by Knudson, and if so, which definition of “abusive litigation” applied based on the evidence under RCW 26.51.020(1). Plainly, the trial court could not have found…”

Amorea Rocha, V. Hamal Strand (Wash. Ct. App. 2024). “RCW 26.51.020 (defining “abusive litigation” and related terms).”

Isabelle Latour, V. Sean Kuhlmeyer (Wash. Ct. App. 2024). “(v) Engaging in vexatious litigation or abusive litigation as defined in RCW 26.51.020 against the other party to harass, coerce, or control the other party, to diminish or exhaust the other party’s financial resources, or to compromise the other party’s employment or housing.”

In the Matter of the Parenting & Support of: B.J.N. (Wash. Ct. App. 2025). “RCW 26.51.020. Where a parent has physically abused their child, the trial court must impose parenting limitations.”

Show all 16 citing cases →

— Wash. Rev. Code § 26.51.020(1) — 2 cases

In the Matter of the Marriage of: Rachelle Johnson & Joshua Johnson (Wash. Ct. App. 2025). “” The definition of “abusive use of conflict” includes, but is not limited to, abusive litigation as defined in RCW 26.51.020. Here, although Rachelle presented written communications from Joshua and threats to utilize litigation to obstruct or financially inhibit her,…”

In the Matter of the Parenting & Support of: H.P.H. (Wash. Ct. App. 2026). “But the trial court did not specify whether its abusive use of conflict finding was based on abusive litigation by Knudson, and if so, which definition of “abusive litigation” applied based on the evidence under RCW 26.51.020(1). Plainly, the trial court could not have found…”

— Wash. Rev. Code § 26.51.020(1)(a) — 4 cases

Tayme Rose-leavitt, V. Rand Workman (Wash. Ct. App. 2025). “Under RCW 26.51.020(1)(a), litigation is “abusive” if (i) [t]he opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed [DV] against the…”

Jared A. Frerichs v. Virginia R. Cooper (Wash. Ct. App. 2025).

Nicholas Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “Under RCW 26.51.020(1)(a), litigation is abusive if (i) The opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence…”

Beth Anne Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “Under RCW 26.51.020(1)(a), litigation is abusive if (i) The opposing parties have a current or former intimate partner relationship; (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have committed domestic violence…”

— Wash. Rev. Code § 26.51.020(1)(a)(ii) — 2 cases

Christy Mckinley, V. Lars Sommer (Wash. Ct. App. 2025). “Abusive use of conflict includes, but is not limited to, abusive litigation as defined in RCW 26.51.020. If the court finds a parent has engaged in abusive litigation, the court may impose any restriction or remedies set forth in chapter 26.”

— Wash. Rev. Code § 26.51.020(1)(a)(ii)(A) — 2 cases

— Wash. Rev. Code § 26.51.020(1)(b) — 1 case

Sandeep Arugonda, Resp/x-app. V. Keerthi Ananthula, App/x-resp. (Wash. Ct. App. 2025). “” RCW 26.51.020. The statute further requires that at least one of the following factors applies: (i) Claims, allegations, and other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or…”

— Wash. Rev. Code § 26.51.020(3) — 1 case

Main Street Ltd Partners, App v. Commonwealth Land Title Ins. Co., Resp (Wash. Ct. App. 2024). “, RCW 26.51.020 (defining litigation for the purposes of abusive litigation); 2,3 CR 3(a).”

— Wash. Rev. Code § 26.51.020(3)(e) — 1 case

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