How the Court Can Help When Legal Processes Are Used to Control or Harm You
For many victim-survivors, abuse does not stop when the relationship ends. Some perpetrators continue the abuse through the legal system—by filing repeated applications, refusing to follow court orders, dragging out the process, or using court documents and hearings to intimidate or exhaust you.
This is called systems abuse.
The Family Law Act now includes specific tools to help protect survivors from this behaviour. These tools are designed to stop the court process being used as a form of coercive control and to reduce the emotional, financial,and psychological harm caused by repeated or abusive litigation.
This article explains the main protections available.
What Is Systems Abuse?
Systems abuse can include:
- Filing repeated or unnecessary court applications
- Re-opening issues that have already been resolved
- Refusing to comply with court orders to keep the case going
- Using subpoenas or cross-applications to intimidate
- Trying to force contact through court documents or hearings
- Creating excessive delay or financial pressure
- Misusing self-representation to question, follow, or contact you
If any of these behaviours feel familiar, you are not alone.
The law recognises this pattern and offers ways to stop it.
1. Harmful Proceedings Orders
Stopping the other party from starting new cases without permission
A Harmful Proceedings Order can stop the other party from starting further court proceedings unless they get the Court’s permission first. This is to protect you from ongoing harm caused by repeated or unnecessary litigation.
When can the Court make an Harmful Proceedings Order
The Court can make an Harmful Proceedings Order when there are reasonable grounds to believe that future court cases would cause you harm.
“Harm” includes:
- Stress, anxiety, or emotional distress
- Psychological harm
- Financial harm
- Reduced ability to parent
- Patterns of harassment through the legal system
What you need to know
- You must be given a chance to be heard before an Harmful Proceedings Order is made.
- Only a judge can make the order (not a Registrar).
- The threshold is intentionally low—the Court only needs to be satisfied that harm is likely, not proven.
HPOs focus on your safety and wellbeing, not the other person’s intent.
2. Vexatious Proceedings Orders
Protecting you when the other party repeatedly misuses the court process
A Vexatious Proceedings Order is a stronger order used when someone has repeatedly started cases that:
- Have no reasonable basis,
- Are brought to harass or pressure you, or
- Misuse the court process.
A Vexatious Proceedings Order can stop the person from filing any new proceedings without first getting permission from the Court.
When can the Court make a Vexatious Proceedings Order
The Court must be satisfied that:
- The person has brought vexatious (harassing or unreasonable) proceedings; and
- They have done so frequently.
Unlike an Harmful Proceedings Order, a Vexatious Proceedings Order looks at the intent behind the behaviour and the pattern over time.
3. Other Tools That Can Help Protect You
The Court has many other powers that can reduce systems abuse and limit the other person’s ability to overwhelm you.
Restrictions on Cross-Examination
If there is family violence, the other party may not be allowed to question you directly in Court.
Cost Orders
The Court can order the other party to pay your legal costs if they cause unnecessary delay or file abusive applications.
Summary Dismissal
The Court can quickly dismiss applications that are clearly without merit.
Injunctions
The Court can make orders stopping the other party from harassing, contacting, or intimidating you through court processes.
Disclosure Orders
If the other party refuses to provide documents, the Court can compel them to comply.
Freezing Orders
If the other party is using money, property, or financial resources to control or punish you, the Court can freeze assets.
Default or Undefended Orders
If the other party refuses to engage, the Court can move forward without them.
These tools help prevent perpetrators from dragging matters out, hiding information, or using the legal system to exert control.
What This Means for You
You do not have to tolerate ongoing legal harassment.
You are entitled to safety, fairness, and respect in the legal process.
If you feel overwhelmed by repeated court actions or pressured by the other person’s behaviour, speak to your lawyer about:
- Whether a Harmful Proceedings Order or Vexatious Proceedings Order is appropriate,
- What evidence may assist, and
- What early intervention tools could protect you.
If you believe you’re experiencing systems abuse, you don’t have to manage it alone. Our team can help you understand your options and take steps to protect your safety and wellbeing. Contact Powell Family Law for confidential advice.
