{"id":353412,"date":"2016-05-13T12:50:23","date_gmt":"2016-05-13T17:50:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/abuse-of-process.html"},"modified":"2025-09-09T11:43:35","modified_gmt":"2025-09-09T16:43:35","slug":"abuse-of-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/abuse-of-process.html","title":{"rendered":"Abuse of Process"},"content":{"rendered":"\n
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Abuse of Process<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Abuse of process refers to a person using the legal system in a way that does not serve the underlying legal action. Instead, abuse of process serves a wrongful or improper purpose.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The legal system has many safeguards against misuse, such as bullying, harassing, or intimidating people. The goal of a lawsuit is to remedy a wrong rather than to inflict as much harm on the wrongdoer as possible. A fair legal process is important to preserve justice for everyone involved in a case.<\/p>\n

But sometimes, one party might try to take advantage of the legal process in an inappropriate way. This is known as abuse of process. You can sue someone for abuse of process even if they have a valid claim against you.<\/p>\n

This article will describe the abuse of process civil lawsuit and compare it to its cousin, the malicious prosecution claim. As with any lawsuit or legal concern, whether you are the plaintiff or defendant, it’s a good idea to get a local attorney on your side early in the case. Find a tort and personal injury lawyer<\/a> in your state for advice.<\/p>\n

Abuse of Process Torts<\/h2>\n

A civil wrong is a tort. Civil wrongs that don’t result in physical harm can fall into a category called “dignitary torts.”<\/p>\n

Dignitary torts cause harm to a person’s reputation or dignity. A few examples of\u00a0dignitary torts<\/a>\u00a0are\u00a0defamation<\/a>, malicious prosecution, and abuse of process.<\/p>\n

Abuse of process is an intentional tort<\/a>. A claim for abuse of process arises if someone misuses civil or criminal<\/a> court proceedings.<\/p>\n

The Elements of Abuse of Process<\/h2>\n

As with most torts, the elements that a plaintiff must prove to win their case will vary from state to state.<\/p>\n

The typical elements that a plaintiff must prove in an\u00a0abuse of process<\/a>\u00a0lawsuit are:<\/p>\n