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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 Arkansas, abuse of process is recognized as a civil tort, which occurs when someone uses the legal system with malicious intent, for a purpose other than what the process was designed for. This could include filing lawsuits, legal motions, or other court actions to harass, intimidate, or coerce someone for reasons unrelated to the legal action itself. The key elements that must be proven for an abuse of process claim in Arkansas are an ulterior motive or purpose and a willful act in the use of the process that is not proper in the regular conduct of the proceeding. If someone is found liable for abuse of process, the victim may be entitled to receive compensatory damages, and in some cases, punitive damages. It is important to note that merely initiating a lawsuit with an unfavorable outcome to the defendant does not constitute abuse of process; there must be evidence of misuse for an illegitimate end.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Criminal procedure

abuse of process

Articles