Wash. Rev. Code » Title 26 · Chapter 26.51
Revised Code of Washington

Wash. Rev. Code § 26.51.040 (2026)

✓ current as of May 2026
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(1) If a party asserts that they are being subjected to abusive litigation, the court shall attempt to verify that the parties have or previously had an intimate partner relationship and that the party raising the claim of abusive litigation has been found to be a victim of domestic violence by the other party. If the court verifies that both elements are true, or is unable to verify that they are not true, the court shall set a hearing to determine whether the litigation meets the definition of abusive litigation.
(2) At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary.
[ 2020 c 311 s 4.]
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2025–2026 · leading case: Geoffrey Nelson Burns, V. Dina Patricia Burns (Wash. Ct. App. 2025).
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Tayme Rose-leavitt, V. Rand Workman (Wash. Ct. App. 2025). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
Geoffrey Nelson Burns, V. Dina Patricia Burns (Wash. Ct. App. 2025). “RCW 26.51.040 sets forth the procedure for a hearing when a party seeks an order restricting abusive 13 No.”
Jared A. Frerichs v. Virginia R. Cooper (Wash. Ct. App. 2025). “In his reply brief, Jared Frerichs attempts to challenge the 2023 order that declared him an abusive litigator.”
Nicholas Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
Beth Anne Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
— Wash. Rev. Code § 26.51.040(1) — 3 cases
Tayme Rose-leavitt, V. Rand Workman (Wash. Ct. App. 2025). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
Nicholas Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
Beth Anne Cabral v. Dustin Glinski (Wash. Ct. App. 2026). “” RCW 26.51.040(1). If the court “verifies that both elements are true, or is unable to verify that they are not true,” it must “set a hearing to determine whether the litigation meets the definition of abusive litigation.”
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