Judicial Abuse in Divorce: When the Court Becomes Another Tool of Control

Understanding Judicial Abuse

Judicial abuse occurs when an abusive spouse manipulates the court system to maintain control. Instead of providing fairness, the process becomes another arena for intimidation and manipulation. As attorney Stephanie Ojeda explains, “There’s this thing called judicial abuse. Primarily, it encompasses parties who use the court process as a stage to perpetuate their abuse.” This type of judicial abuse in divorce is a form of abusive litigation that keeps a victim entangled in court as a means of control.

Judicial abuse often builds on existing forms of coercive control—whether financial, emotional, physical, or psychological—and brings those same patterns into the courtroom.

How Abusers Use the Court System

Abusers may misuse the legal process by filing unnecessary motions, refusing discovery, or dragging out hearings to drain time, energy, and resources. Often, their goal is to force the victim into a backdoor agreement that is unfair and unenforceable.

Other tactics may include:

• Filing repeated petitions over minor issues to keep the victim tied up in court.
• Misusing protective orders to make false allegations or control parenting schedules.
• Ignoring court orders to force the other spouse to repeatedly file for enforcement.
• Attempting to “conflict out” attorneys by consulting multiple firms so the victim cannot hire strong representation.

These behaviors often mirror the same power and control patterns that existed in the relationship, and they simply move from the home into the courtroom.

Why It Matters in Divorce Cases

When combined with financial imbalance, judicial abuse can be devastating. It does more than extend a timeline. It drags out the process, diverts attention from the real issues, and becomes emotionally draining. Parents can lose focus on parenting plans. Parties may spend limited resources on repetitive filings instead of resolution. The constant pressure of abusive litigation can create anxiety, decision fatigue, and a sense of hopelessness that affects negotiations about custody, property division, and support.

In Pennsylvania, judges are trained to recognize abusive litigation and, in some cases, may impose consequences. While not every act of manipulation meets the legal threshold for “abusive litigation,” courts can use their discretion to sanction parties who act in bad faith.

Legal Remedies and Court Protections

In some states, courts may:

• Order the abusive party to pay attorney’s fees or costs when their filings are frivolous or intended to harass.
• Restrict future filings unless the abusive party obtains prior court approval (sometimes called a “gatekeeping” order).
• Hold the party in contempt for refusing to follow prior court orders.
• Grant temporary orders protecting the victim’s financial stability or parenting time while the case proceeds.

Protecting Yourself From Judicial Abuse

Work with an attorney who recognizes these tactics, gather evidence of repeated violations, and avoid signing agreements without review. Building a record of the abuse helps the court see the full picture and prevents the cycle from continuing unchecked. This is key to protecting yourself from legal manipulation during the divorce process.

Additional steps may include:

• Keeping detailed records of filings, hearings, and correspondence.
• Asking your attorney about filing motions for sanctions or attorney’s fees when warranted.
• Seeking emotional support from a therapist or domestic violence advocate familiar with coercive control.

Recognizing a Pattern of Control (Coercive Control in Divorce)

Judicial abuse often follows a familiar pattern. A spouse who was controlling or manipulative during the marriage continues those behaviors through the divorce process. That could mean that during your case your spouse is withholding financial documents, delaying responses, or making impossible demands to wear you down.

The spouse may use other tactics to gain control or an advantage in the divorce proceedings, which may include:

• Conflicting out top divorce lawyers.
• Stalling and delaying proceedings.
• Pressuring for a quick settlement.
• Denying access to money or hiding assets.
• Failing to pay court-ordered support.

Together, these actions form a pattern of coercive control that does not end when the marriage does. It often changes form and continues through the legal system as abusive litigation.

When to Involve an Attorney

If your spouse is controlling, uncooperative, or withholding information, it’s crucial to speak with an experienced divorce attorney as soon as possible. A lawyer can:

• Ensure all financial disclosures are complete and accurate in a controlling spouse divorce scenario.
• File motions to compel cooperation or enforce prior court orders.
• Document evidence of bad-faith conduct for potential fee recovery.
• Guide you through safe communication and negotiation channels.

Take the First Step

If you believe your spouse is using the court process to intimidate, delay, or control, you don’t have to face it alone. The team at Petrelli Previtera, LLC can help you recognize these tactics and protect your rights. Schedule a confidential consultation today to discuss your options and take the next step toward regaining control of your future.