Legal Definitions - abuse of process

Abuse of process is a legal term that refers to the misuse of legal procedures for an ulterior motive. It is a tort, which means it is a wrongful act that causes harm to someone else. The purpose of abuse of process is to discourage bad-faith litigation attempts.

For example, if someone files a lawsuit against another person with the intention of harassing them or forcing them to do something they are not legally required to do, that could be considered abuse of process. Another example is if someone files a criminal complaint against someone else knowing that they are innocent, just to cause them harm.

In order for something to be considered abuse of process, there are a few elements that must be present. First, there must be an illegal or improper use of legal process. Second, there must be an ulterior motive or improper purpose. And third, in some cases, there must be harm to the person being sued.

Abuse of process is taken seriously by the courts, and parties who engage in it can be sanctioned or held liable for damages. Attorneys who advise their clients to engage in abuse of process can also be held liable.

Overall, abuse of process is a way to prevent people from using the legal system for improper purposes and to protect the rights of those who are being sued.