Using the legal process for a purpose it was not designed to achieved may give rise to civil liability. To prevail in a claim for abuse of process, the plaintiff must prove:
- The defendant intentionally used the legal procedure for an improper purpose that the procedure was not designed to achieve;
- The plaintiff was harmed; &
- The defendant’s conduct was a substantial factor in causing the plaintiff’s harm.
Potential available remedies may include money damages and injunctive relief.