Legal Definitions - obstruction of process

Obstruction of process refers to any intentional action that hinders, delays, or prevents a legal official from lawfully carrying out an official duty, such as serving court documents or enforcing a court order.

This legal term applies when someone interferes with the proper functioning of the legal system by impeding the delivery of official papers (like subpoenas or summonses) or the execution of official commands (like warrants or eviction orders).

• Example 1: Preventing Service of a Subpoena

  A process server arrives at a business to deliver a subpoena to an employee, requiring them to testify in a civil lawsuit. The business owner, knowing the employee is present, falsely tells the process server that the employee no longer works there and physically blocks the server from entering the office area. The owner's actions prevent the server from successfully delivering the official court document.

  This illustrates obstruction of process because the business owner intentionally interfered with the lawful service of a legal document (the subpoena) by a legal official (the process server).

• Example 2: Hindering an Eviction

  A sheriff's deputy arrives at an apartment building with a court order to evict a tenant. The tenant's friend, who is visiting, stands in the doorway, refusing to move and shouting at the deputy, physically preventing the deputy from entering the apartment to execute the eviction order for several minutes. This delay allows the tenant to hide valuable items.

  This demonstrates obstruction of process because the friend actively interfered with the lawful execution of a court order (the eviction) by a legal official (the sheriff's deputy).

• Example 3: Blocking a Search Warrant

  Police officers arrive at a residence with a valid search warrant for illegal firearms. The homeowner sees them approaching and quickly locks the front gate, then stands in front of the main door, refusing to open it and demanding to see a lawyer, despite being shown the warrant. This deliberate delay gives someone inside the house time to dispose of evidence.

  This is an example of obstruction of process because the homeowner intentionally hindered the lawful execution of a warrant (the search warrant) by law enforcement officers.