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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 South Carolina, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal system in a way that is not intended by the law, typically for an ulterior motive such as harassment, coercion, or to achieve an outcome that is not the legitimate aim of the process being used. To establish a claim for abuse of process in South Carolina, the plaintiff must prove that the defendant had an ulterior purpose for using the process and that a willful act was performed in the use of the process not proper in the regular conduct of the proceeding. This tort is distinct from malicious prosecution, as it focuses on the misuse of the process itself rather than the wrongful initiation of proceedings. If someone is found liable for abuse of process, they may be required to pay damages to the victim, which could include compensation for harm to reputation, emotional distress, and any financial losses resulting from the abuse.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Criminal procedure

abuse of process

Articles