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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 Hawaii, 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, coercion, 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 Hawaii, the plaintiff must prove that the defendant had an ulterior motive or purpose and used a legal process against the plaintiff in a way that was not proper in the regular conduct of the proceeding. This might include actions like filing lawsuits with no legitimate basis, using court procedures to delay justice, or filing motions to intimidate or harass the other party. 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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Hawaii State Code

Hawaii State Code

Criminal procedure

abuse of process

Articles