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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 Missouri, abuse of process is recognized as a civil cause of action that occurs when someone uses the legal process against another individual primarily for an ulterior motive, rather than to seek a legitimate legal remedy. This can include using the courts to harass, intimidate, or coerce someone for reasons unrelated to the legal action itself. To establish a claim for abuse of process in Missouri, the plaintiff must demonstrate that the defendant had an ulterior motive or purpose and that they used a legal process in a way not proper in the regular conduct of the proceeding. This might involve actions like filing lawsuits with no basis in fact or law, using legal procedures in a way that is not consistent with their intended purposes, or filing multiple actions to pressure someone into submission. Missouri courts require clear and convincing evidence to support a claim of abuse of process, and the plaintiff must show actual harm or damages resulting from the abuse.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Missouri State Code

Missouri State Code

Criminal procedure

abuse of process

Articles