When to Let Go: Practice Doesn’t Alway Make Perfect; Sometimes It Just Makes for Frivolous and/or Vexatious Litigation

Sometimes a spouse (or parent) gets stuck on something. They just can’t turn loose of it.

They start to sound like a broken record. Maybe even a little obsessed.

Perhaps they file for a restraining order of protection against domestic violence. (Perhaps something else.)

They lose. The court denies or dismisses their petition or motion.

So, they wait a week or two and then … they file again.

Essentially the same exact allegations. Just reworded a little bit.

And again they lose. Before the same judge, of course.

Who remembers the last go-round. Perfectly.

Or maybe the spouse or parent files for substantially the same relief in their divorce or child custody case this time around.

It may be pure malice. Or it may be sincere conviction that they deserve what they are seeking …

And the judge just didn’t get it last time, but this time will be different.

Truth be told, even some attorneys may humor their clients by enabling these legal efforts.

But the truth is that the claim does not improve with repetition. Quite the contrary.

More likely, the patience of the judge subjected to the same matter yet again will be sorely tested.

And the Court’s assessment of the spouse or parent’s credibility and reasonableness may suffer. Potentially, irreparably. First impressions ….

On top of that, in at least some of those instances, the spouse or parent may also be setting themselves up to have to pay the other spouse or parent’s legal fees incurred to defend vexatious and/or frivolous litigation. In addition to their own legal fees, of course.

And, in still other cases, the spouse or parent may be exposing themselves to the prospect of a separate civil lawsuit for damages, based on malicious prosecution or abuse of process or other similar legal theory.

When your attorney (or other friendly third party familiar with your case) advises you to let something go, you should give that advice thoughtful consideration. If you still remain firmly convinced of the rightness of your position after an open discussion with your attorney or other advisor, then consider seeking out a second (professional) opinion before you dig in your heels and insist or persist.

Following this advice just may save your money – and your case. Really.