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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 Delaware, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal process against another individual primarily for an ulterior motive, rather than to seek a legitimate legal remedy. This tort requires a showing that the legal process was misused or perverted, and that such misuse was for an end not contemplated by law, such as harassment or coercion. The elements typically include an ulterior motive and a willful act in the use of the process that is not proper in the regular conduct of the proceeding. Abuse of process claims in Delaware are subject to the state's statutes of limitations and may involve compensatory damages, and in some cases, punitive damages if the abuse was particularly egregious. Victims of abuse of process may consult with an attorney to assess the viability of their claim and to seek redress through the courts.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

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Criminal procedure

abuse of process