An abusive partner who files a baseless petition can be cast with costs, if the court determines the petition was frivolous.1 A party who files a petition for an improper purpose may also be sanctioned under La. C.C.P. art. 863.2 In Woods v. Woods, the court affirmed sanctions against a petitioner-husband who used his education and experience as an attorney to wage war on his wife by filing a baseless petition against abuse.3
- 1La. R.S. 46:2136.1(B).
- 2See Lassair ex rel. T.P.J. v. Paul, 2022-0320 (La. App. 4 Cir. 12/14/22), 353 So. 3d 1048, 1054 (holding that court cannot cast costs to petition without a finding that petition was frivolous); Koerner v. Monju, 2016-487 (La. App. 5 Cir. 2/8/17), 210 So. 3d 935, 936; Rogers v. Rogers, 2019-0143 (La. App. 1 Cir. 9/27/19), 287 So. 3d 749, 751; Woods v. Woods, 43,182-CA, p. 15 (La. App. 2 Cir. 6/11/08), 987 So. 2d 339, 347–48.
- 3Woods, 987 So. 2d at 347–48.