If you’re considering filing an abuse of process claim, one of the most important things to consider is whether you’ll be able to prove intent. That’s because a court will only find the defendant guilty of using the judicial system inappropriately when intent is present.

When accused of abuse of process, the defendant is sure to argue that their actions represent a legitimate use of the legal system and that they have no ulterior purpose. Your task in support of your claim is to prove otherwise. This means you’ll have to demonstrate the following elements:

• That the defendant’s actions go beyond seeking justice or trying to resolve a legal issue and are part of an ulterior motive.
• That the way that the defendant is using the legal process goes beyond the normal scope of litigation and is being used as a means of harassing, extorting, or in some other way being beyond normal legal conduct.

Though this may seem like a heavy lift, there are specific ways to prove improper motives. They include:

• Direct evidence such as statements that the defendant made or correspondence that they sent that show their true purpose. This can include emails and texts, letters, or recorded conversations in which the defendant expressed a desire to hurt the plaintiff for reasons outside of the legal matter at hand.
• Circumstantial evidence can also be used to support a claim of abuse of process. This may mean pointing out the type of claim, patterns of behavior, or timing.
• Contrasting the way that the defendant has approached the issue with the way that normal legal procedures are pursued can be very convincing. One example of this would be the defendant’s refusal to discuss a settlement offer; another would be the case clearly having no legal merit.
• Demonstrating that the defendant has a history of abusing the legal process or in other ways acting vindictively or in a punitive way.

While the defendant may argue that their actions were motivated by a legitimate legal purpose, in the presence of the elements above, that argument may be difficult for them to prove. Their only option would be to present evidence that they had tried to resolve the dispute in good faith, that they were adhering to legal norms, or to provide alternative explanations for their actions. They can also attempt to establish that the party filing the claim of legal abuse suffered no harm as a result of their legal action.