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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 York, abuse of process is recognized as a common law intentional tort. It occurs when someone uses the legal process against another individual primarily to accomplish a purpose for which the process was not designed. To establish a claim for abuse of process in New York, the plaintiff must prove that the defendant (1) employed regularly issued legal process to compel performance or forbearance of some act, (2) with the intent to do harm without excuse or justification, (3) to obtain a collateral advantage outside the legitimate ends of the process. This means that the legal process must have been misused or perverted, and the plaintiff must have suffered harm as a result. The claim is not dependent on the outcome of the original case, but rather on the misuse of process for an ulterior motive. This tort aims to protect individuals from the malicious and deliberate misuse of legal procedures and is actionable in both civil and criminal contexts.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Criminal procedure

abuse of process

Articles