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Criminal procedure

abuse of process

Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.

In Alaska, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal system in a way that is not intended by the law, typically for an ulterior motive such as harassment, intimidation, or to achieve an outcome that is not the legitimate aim of the process being used. To establish a claim for abuse of process in Alaska, the plaintiff must prove that the defendant had an ulterior motive or purpose and that a willful act in the use of the legal process was not proper in the regular conduct of the proceeding. This might include actions such as filing lawsuits with no legitimate basis, using legal procedures in a way that is not consistent with their intended purpose, or filing legal actions to intimidate or coerce someone for personal gain. Abuse of process claims are separate from claims of malicious prosecution, and they focus on the misuse of the process itself, rather than on the wrongful initiation of proceedings.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Alaska State Code

Alaska State Code

Criminal procedure

abuse of process

Articles