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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 West Virginia, 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 consistent with its intended purpose, but rather for an ulterior motive, typically to harass or coerce someone. This tort requires a showing that the legal process was used for an improper purpose, and that some act or threat not authorized by the process was performed. The plaintiff must prove that the defendant had an ulterior motive and performed a willful act after the commencement of the process that was not proper in the regular conduct of the proceeding. West Virginia case law, as in other jurisdictions, requires the plaintiff to demonstrate actual damage as a result of the abuse of process. This tort is separate from malicious prosecution, which involves wrongfully subjecting someone to the legal process without a reasonable basis. Victims of abuse of process in West Virginia may seek compensatory damages and, in some cases, punitive damages if the conduct was particularly egregious.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Criminal procedure

abuse of process

Articles