Law Commons^™

Abuse Of Process, Tobi Goldoftas

Cleveland State Law Review

Abuse of process is not the act of starting an unjustified action. Rather it is the misuse or misapplication of process for an end other than that which it was designed to accomplish. In an action for abuse of process, the defendant need not prove that the proceeding terminated in his favor, nor that it was obtained without probable cause or in the course of a proceeding begun without probable cause.