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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 Ohio, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal process against another individual primarily for an ulterior motive, rather than to seek a legitimate legal remedy. This can include using the courts to harass, intimidate, or coerce someone for reasons unrelated to the legal action itself. To establish a claim for abuse of process in Ohio, the plaintiff must demonstrate that the defendant had an ulterior purpose for using the legal process and that a definite act or threat not authorized by the process was performed. The plaintiff must also show that they suffered harm as a result of the abuse. This tort aims to protect individuals from the misuse of legal procedures and to uphold the integrity of the judicial system. Ohio courts require clear and convincing evidence to support a claim of abuse of process, which is a higher standard of proof than the preponderance of the evidence standard used in most civil cases.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Ohio State Code

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Criminal procedure

abuse of process

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