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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 Montana, abuse of process is recognized as a civil cause of action that occurs when someone uses the legal system in a way that is not proper for the intended purpose of the process, but rather to achieve an ulterior motive. This could include filing lawsuits, legal motions, or other court processes with the intention to harass, intimidate, or coerce someone, rather than to resolve a legitimate legal dispute. Abuse of process claims in Montana require the plaintiff to prove that the defendant had an ulterior motive or purpose and that a definite act or threat not authorized by the process was made. It is important to note that merely initiating a lawsuit with a weak legal basis is not considered abuse of process; there must be a perversion of the court's process for an illegitimate end. Victims of abuse of process may be entitled to recover damages, including attorney's fees and punitive damages, if the abuse was particularly egregious. As with all legal matters, specific cases should be discussed with an attorney to understand the applicability of abuse of process in the context of Montana law.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Criminal procedure

abuse of process

Articles