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 Nevada, abuse of process is recognized as a civil cause of action when someone uses the legal system against another person for an improper purpose, such as harassment or coercion, rather than to resolve a legitimate legal dispute. This tort requires two main elements: first, an ulterior purpose, and second, a willful act in the use of the process that is not proper in the regular conduct of the proceeding. Some common examples of abuse of process include filing lawsuits with no legitimate basis in order to intimidate or burden someone, or using legal procedures in a way that's intended to delay justice rather than to achieve a lawful objective. Victims of abuse of process in Nevada can potentially recover damages, including attorney's fees and punitive damages, if they can prove that their case meets the legal criteria for this tort.