ABUSE OF PROCESS
abuse of process.The improper and tortious use of a legitimately issued court process to
obtain a result that is either unlawful or beyond the process’s scope. — Also termed abuse of legal
process; malicious abuse of process; malicious abuse of legal process; wrongful process; wrongful
process of law. Cf. MALICIOUS PROSECUTION. [Cases: Process 168–171. C.J.S. Process §§
106–114.]
“One who uses a legal process, whether criminal or civil, against another primarily to
accomplish a purpose for which it is not designed is subject to liability to the other for harm
caused by the abuse of process.” Restatement (Second) of Torts § 682 (1977). [Blacks Law 8th]