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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 Illinois, abuse of process is recognized as a civil tort, which occurs when someone uses the legal process against another individual primarily to accomplish a purpose for which the process was not designed. The key elements of abuse of process in Illinois are an illegal or improper act in the use of the process, not merely an improper motive, and some form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as extortion or blackmail. This means that the legal process must be used as a tool to achieve an unlawful end. It is not enough to show that the legal process was used with malicious intent; there must be a misuse or perversion of the process. If someone believes they are a victim of abuse of process, they may file a lawsuit against the offending party. If successful, they may be entitled to receive compensatory damages and, in some cases, punitive damages. It is important to consult with an attorney to understand the nuances of this cause of action and to assess the viability of a potential claim.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Criminal procedure

abuse of process

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