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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 Maryland, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal process against another individual for an ulterior motive, rather than to resolve a legitimate legal dispute. This might include filing lawsuits, using discovery methods, or other legal procedures in a way that is not intended by the law, often to harass or coerce someone. To establish a claim for abuse of process in Maryland, the plaintiff must prove that the defendant had an ulterior motive or purpose and that a definite act or threat not authorized by the process was done. Additionally, the plaintiff must show that harm was caused by the abuse of process. This tort aims to protect individuals from the misuse of legal mechanisms and to uphold the integrity of the judicial system. Victims of abuse of process may be entitled to recover damages, including compensatory and sometimes punitive damages, if the abuse was particularly egregious.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Criminal procedure

abuse of process

Articles