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 Louisiana, abuse of process is recognized as a tort, which means it is a civil wrong for which the courts may award damages. The essential elements of abuse of process in Louisiana are the use of a legal process against someone primarily for a purpose other than what the process was designed for, and some form of illegitimate or coercive action to accomplish an ulterior motive. This can occur in both civil and criminal proceedings. Victims of abuse of process can potentially sue for damages, including compensatory damages for injury suffered and possibly punitive damages if the conduct was particularly egregious. Louisiana follows the general principles of tort law, but specific applications can vary based on state statutes and case law. It is important to consult with an attorney to understand how these principles apply to a particular situation in Louisiana.