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 Arizona, abuse of process is recognized as a civil cause of action when someone uses the legal system for an ulterior purpose other than that which the process was designed to accomplish. This tort requires two main elements: first, the existence of an ulterior motive, and second, a willful act in the use of the legal process not proper in the regular conduct of the proceeding. Some common examples of abuse of process include filing lawsuits with no legitimate basis in order to harass or intimidate, or using legal procedures in a way that is not consistent with their intended purpose. Victims of abuse of process can potentially recover damages, including attorney's fees and punitive damages, if they can prove that such abuse occurred. This tort aims to protect individuals from the misuse of legal procedures and to ensure that the legal system is used for legitimate purposes only.