abuse of process

 

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Researching laws and rules and things about the legal process and technicalities,I came across a site called wex.com,  it states, Abuse of process is a common law tort that involves the misuse of legal process(es) for an ulterior purpose. Abuse of process is one of several-actionable-offense - aimed at discouraging bad-faith litigation attempts. Indeed, courts hold the authority to sanction parties for bringing frivolous action, and parties also have a right to action under the claim of malicious prosecution. 

Generally, the elements for abuse of process are:

 (1) the use of an illegal or improper use of process;

 (2) an ulterior motive or improper purpose; and in some jurisdictions 

(3) to cause more harm to a litigant, the real ma-coy of victims!

I feel sorry for everybody that can feel that pain still, that knows 

what I mean by saying the "Real Victim!"

#1     So I have to file an arbitration petition to have a judicial proceeding over the abuse of process statue. 

Abuse of process has been described as misusing a "criminal or civil process against another party for a purpose different than the proceeding's intended purposes" and thereby causing the party damages (e.g., arrest, seizure of property, or economic injury). 

For instance, it's like what I am going through- dating - a - "Narcissistic Prick!" The classic case when dealing with the "abuse of process" consequently is any sort of actions taken by the so called "victim" in attempts to hurt the actual innocent victim, to coerce and control the defendant making them do some collateral thing which they could not be legally and regularly compelled to do. Such as break a restraining order, staying in such a violent and unhappy enviorments, and or to deal with the physical violence without protection from the law, (WEX).

charging a person with a crime while knowing that the person was not responsible for the crime, the court can held the employer liable for abuse of process, for initiating criminal charges while knowing that the charges were unsupported by probable cause.

In regard to defenses to abuse of process, there is disagreement among jurisdictions on whether good-faith reliance on an attorney's advice in bringing action serves as a complete defense. Still, attorneys who bring the improper process can be held liable to the damaged party as well."(WEX).

[Last updated in December of 2021 by the Wex Definitions Team]

Ciite: https//www.law.cornell.edu/wex/abuse_of_process