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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 Florida, 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 for the process to achieve its lawful result. This tort requires two main elements: first, an illegal, improper, or perverted use of the process, neither warranted nor authorized by the process, and second, an ulterior motive or purpose in exercising such illegal, improper, or perverted use of the process. The person claiming abuse of process must prove that the other party had an ulterior motive and that a definite act or threat not authorized by the process was made. Abuse of process claims are distinct from malicious prosecution claims, as the latter focuses on wrongful initiation of proceedings, while abuse of process targets the misuse of the proceedings after they are initiated, regardless of whether the underlying case has merit. Florida courts require clear and convincing evidence to support a claim of abuse of process.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Criminal procedure

abuse of process

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