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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 Virginia, abuse of process is recognized as a common law intentional tort. It occurs when someone uses the legal process against another individual for an ulterior motive, rather than to resolve a legitimate legal dispute. This can include initiating legal action without probable cause, or using legal procedures in a way that is not intended by the law, such as for harassment, intimidation, or to exert undue pressure. To establish a claim for abuse of process in Virginia, the plaintiff must prove that the defendant had an ulterior motive or purpose, and that a definite act or threat not authorized by the process was done. The plaintiff must also show that they suffered damages as a result of the abuse. Virginia courts require a showing of some willful action taken after the issuance of the process that is not proper in the regular conduct of the proceeding. This tort is distinct from malicious prosecution, which involves wrongfully subjecting someone to the legal process itself, rather than misusing the process after it has been initiated.

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Criminal procedure

abuse of process

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Virginia State Code

Virginia State Code

Criminal procedure

abuse of process

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