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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 New Jersey, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal system with an ulterior motive, rather than to resolve a legitimate legal dispute. To establish a claim for abuse of process in New Jersey, a plaintiff must demonstrate that the defendant had an improper purpose in using the legal process, and that a definite act or threat not authorized by the process was performed. The act must be one that would not occur in the normal prosecution of the proceedings. This tort aims to protect individuals from the misuse of legal procedures for purposes such as harassment, intimidation, or to achieve an outcome that the process was not intended to provide. If a court finds that abuse of process has occurred, the responsible party may be liable for damages suffered as a result of the abuse. This is separate from the claim of malicious prosecution, which involves initiating legal action without probable cause.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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New-Jersey State Code

New-Jersey State Code

Criminal procedure

abuse of process

Articles