Legal Definitions - abuse of process

Abuse of Process refers to the misuse of a legitimate legal procedure for an ulterior, improper, or unlawful purpose. It occurs when someone takes a valid legal tool – such as filing a lawsuit, issuing a subpoena, or seeking an arrest warrant – and uses it not for its intended legal objective, but to achieve a hidden, improper goal. This often involves trying to coerce or pressure another party into doing something they are not legally obligated to do, or to achieve a result that is outside the scope of the legal process itself.

It is a civil wrong, meaning that a person who has suffered harm due to an abuse of process can sue the responsible party for damages. The key elements typically involve:

• The use of a legal process in an improper way.
• An ulterior motive or improper purpose behind that use.
• In some places, the victim must also show they suffered harm as a result.

Here are some examples to illustrate this concept:

• Example 1: Coercion in Business Disputes

  Imagine a business owner, "Company A," is in a heated negotiation with a supplier, "Company B," over a new contract. To gain an unfair advantage in these negotiations, Company A files a separate, unrelated lawsuit against Company B for a minor, questionable intellectual property infringement, even though Company A knows the IP claim is weak and unlikely to succeed. Company A's true goal is not to win the IP lawsuit, but to pressure Company B into agreeing to more favorable terms in the contract negotiation by burdening them with the costs and stress of defending a new lawsuit.

  How it illustrates abuse of process: The intellectual property lawsuit is a legitimate legal process. However, Company A is using it for an ulterior motive – to coerce a settlement in a *different* business dispute – rather than genuinely seeking justice for the alleged IP infringement.

• Example 2: Harassment Through Property Disputes

  Consider two neighbors, Mr. Smith and Ms. Jones. Mr. Smith is constantly annoyed by Ms. Jones's loud parties. Instead of pursuing legitimate noise complaints or mediation, Mr. Smith repeatedly files frivolous property line disputes and requests for building code inspections against Ms. Jones, even though he knows there are no actual violations. His goal is not to resolve a genuine property issue, but to harass and burden Ms. Jones with legal fees and inspections, hoping she will become frustrated and move away.

  How it illustrates abuse of process: Filing property disputes and requesting inspections are legitimate legal and administrative processes. But Mr. Smith is using them repeatedly and without genuine cause, solely to harass and drive Ms. Jones out, which constitutes an ulterior and improper purpose.

• Example 3: Leveraging Professional Licenses in Divorce

  During a contentious divorce, one spouse, "Alex," knows that the other spouse, "Ben," relies heavily on his professional license (e.g., as a doctor or accountant) for income. Alex files a series of baseless and fabricated complaints with Ben's professional licensing board, alleging serious misconduct, even though Alex knows the claims are false and lack merit. Alex's true intention is not to report genuine misconduct, but to create significant stress, legal costs, and potential damage to Ben's career, thereby forcing Ben to agree to a less favorable divorce settlement.

  How it illustrates abuse of process: Filing a complaint with a professional licensing board is a legitimate process to address professional misconduct. However, Alex is using this process with fabricated claims, not to genuinely report misconduct but to coerce a specific outcome in a divorce, which demonstrates an ulterior and improper purpose.