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 Michigan, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal process to achieve a purpose for which the process was not designed, such as harassment or coercion, rather than to vindicate legal rights. The elements of abuse of process in Michigan typically include an ulterior purpose and a willful act in the use of the process that is not proper in the regular conduct of the proceeding. This tort is distinct from malicious prosecution, as it focuses on the misuse of the process after it is issued, rather than the wrongful initiation of the process. Victims of abuse of process can seek damages in civil court, and if successful, they may be awarded compensatory damages for the harm suffered, and in some cases, punitive damages if the abuse was particularly egregious. It is important for individuals who believe they are victims of abuse of process to consult with an attorney to understand their rights and the potential remedies available under Michigan law.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Michigan State Code

Michigan State Code

Criminal procedure

abuse of process

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