Legal Definitions - resisting process

Resisting process refers to the act of intentionally interfering with, obstructing, or preventing the lawful execution of a legal procedure or official court order by an authorized individual, such as a law enforcement officer or a court official.

This term covers actions that hinder the proper functioning of the legal system when it attempts to carry out its duties, whether through physical obstruction, deception, or other means designed to frustrate a legitimate legal action.

• Example 1: Evading a Subpoena

  A witness in a civil lawsuit, knowing that a process server is attempting to deliver a subpoena requiring their testimony, deliberately avoids their home and workplace for several days, instructs family members to lie about their whereabouts, and refuses to answer their phone. This behavior is intended to prevent the legal document from being served, thereby delaying or disrupting the court proceedings.

  This illustrates resisting process because the witness is actively and intentionally obstructing the lawful delivery of a court order (the subpoena), which is a critical part of the legal process.

• Example 2: Hiding Property from Seizure

  Following a court judgment ordering a debtor to pay a significant sum, the court issues a writ of execution allowing a sheriff to seize the debtor's non-exempt assets to satisfy the debt. The debtor, upon learning of the writ, quickly transfers ownership of their valuable car and boat to a relative and hides other valuable possessions in a remote storage unit, providing false information about their assets to the sheriff.

  This demonstrates resisting process because the debtor is deliberately interfering with the lawful execution of a court order (the writ of execution) by concealing assets and providing misleading information, thereby preventing the sheriff from carrying out their official duty.

• Example 3: Physically Blocking an Eviction

  After a landlord obtains a court order for eviction, a sheriff arrives to execute the order and remove the tenants. One of the tenants physically stands in the doorway, refusing to move, and encourages others to form a human chain to prevent the sheriff and movers from entering the property and removing their belongings, despite being repeatedly warned that they are obstructing a lawful order.

  This is an example of resisting process because the tenant is physically obstructing the lawful execution of a court-ordered eviction by an authorized official, directly hindering the legal process.