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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 Oklahoma, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal system in a manner that is not proper for the intended purpose of the process, but rather to accomplish a purpose for which the process was not designed. This might include using the courts to harass, intimidate, or coerce someone for personal gain or to achieve an ulterior motive. The elements of abuse of process in Oklahoma typically include an ulterior motive or purpose and a willful act in the use of the process that is not proper in the regular conduct of the proceeding. This tort is distinct from malicious prosecution, which involves wrongfully subjecting someone to the legal process without probable cause. Victims of abuse of process can potentially recover damages, including compensatory and sometimes punitive damages, if they can prove that the abuse occurred. It is important for individuals who believe they have been subjected to an abuse of process to consult with an attorney to understand their rights and the potential remedies available under Oklahoma law.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Oklahoma State Code

Oklahoma State Code

Criminal procedure

abuse of process

Articles