Select your state

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 Pennsylvania, 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 vindicate a right that the process is designed to protect. The elements of abuse of process in Pennsylvania typically include an act in the use of the legal process that is not proper in the regular conduct of the proceeding and some form of ulterior motive. This means that the legal process must be used to achieve something not intended or contemplated by the law, such as harassment, intimidation, or to force a settlement unrelated to the merits of the case. If a party is found to have committed abuse of process, the victim may be entitled to recover damages, which can include compensation for harm to reputation, emotional distress, and sometimes punitive damages if the conduct was particularly egregious. It is important to note that merely initiating a lawsuit with a weak legal basis is not considered abuse of process; there must be a perversion of the court's process for an improper purpose after the proceeding has begun.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal procedure

abuse of process

Individual & Family Legal Plan

Articles

Pennsylvania State Code

Pennsylvania State Code

Criminal procedure

abuse of process

Articles