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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 Colorado, abuse of process is recognized as a civil cause of action. It occurs when an individual uses the legal process against another individual primarily to accomplish a purpose for which the process was not designed. To establish a claim for abuse of process in Colorado, the plaintiff must prove that the defendant had an ulterior motive or purpose in using the legal process, and that a willful act was performed in the use of the legal process that was not proper in the regular conduct of the proceeding. This tort is intended to provide a remedy for those who have been subjected to legal processes misused for purposes such as harassment, intimidation, or to exert undue pressure. It is distinct from malicious prosecution, which involves wrongfully subjecting someone to the prosecutorial process without reasonable grounds. If a court finds that abuse of process has occurred, the responsible party may be liable for damages suffered by the victim of the abuse.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Criminal procedure

abuse of process

Articles