Select your state

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 Kansas, abuse of process is recognized as a civil tort, which occurs when someone uses the legal system with malicious intent, for a purpose other than what the process was designed for. This could include using the courts to harass, intimidate, or coerce someone for personal gain or to achieve an ulterior motive. The elements of abuse of process in Kansas typically require the plaintiff to prove that the defendant had an ulterior motive or purpose and that a willful act was performed in the use of the process that was not proper in the regular conduct of the proceeding. This tort aims to protect individuals from the misuse of legal procedures and to uphold the integrity of the legal system. Victims of abuse of process can potentially recover damages, which may include compensation for harm suffered as a result of the abuse, such as legal fees, emotional distress, and punitive damages if the conduct was particularly egregious.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal procedure

abuse of process

Individual & Family Legal Plan

Articles

Kansas State Code

Kansas State Code

Criminal procedure

abuse of process

Articles