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 New Hampshire, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal system in a way that is not consistent with the purposes for which it was designed, typically with an ulterior motive such as harassment, intimidation, or to achieve an outcome that is not legally warranted. To establish a claim for abuse of process in New Hampshire, a plaintiff must prove that the defendant had an ulterior motive or purpose and used a legal process against the plaintiff in a way that was not proper in the regular conduct of the proceeding. This might include filing lawsuits with no legal basis, using court processes to delay justice, or filing motions to intimidate or harass the other party. If a court finds that abuse of process has occurred, the responsible party may be liable for damages, including attorney's fees and punitive damages, if appropriate. It is important to note that merely initiating a lawsuit or legal action with an unfavorable outcome to the other party does not constitute abuse of process; there must be evidence of misuse of the legal system for a purpose other than that which the process was designed to accomplish.