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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 Massachusetts, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal process against another individual primarily to accomplish a purpose for which the process was not designed. To establish a claim for abuse of process in Massachusetts, the plaintiff must prove that the process was used for an ulterior motive or purpose, and some definite act or threat not authorized by the process was done. The plaintiff must also show that they suffered harm as a result of the abuse. This tort aims to uphold the proper use of the legal system and to prevent its misuse for personal gain, harassment, or to exert undue pressure on an individual. Abuse of process claims are distinct from claims of malicious prosecution, as the latter involves initiating legal action without probable cause. Massachusetts courts require a showing of an improper purpose and a willful act that is not proper in the regular conduct of the proceeding.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Criminal procedure

abuse of process

Articles