Kentucky Complaint for Malicious Prosecution, False Imprisonment, Abuse of Process
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How to fill out Complaint For Malicious Prosecution, False Imprisonment, Abuse Of Process?
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FAQ
Those factors are: The defendant started or continued a criminal case against you. There was no probable cause or legal justification for the criminal case. You won the criminal case, or the criminal case was dismissed. The defendant began or continued the criminal case because of malice.
The primary difference between the two legal actions is that malicious prosecution concerns the malicious or wrongful commencement of an action, while, on the other hand, abuse of process concerns the improper use of the legal process after process has already been issued and a suit has commenced.
A malicious prosecution case can be difficult to prove, but with a few key elements it can be won in court. First, it must be clear that the defendant did not have probable cause to bring the action.
Malicious prosecution occurs when someone sues you or brings criminal charges against you without probable cause and with harmful intent. Examples could include someone providing false evidence to the police that you committed a crime or someone suing you for hurting them even if you never caused them harm.
"The essential elements of an action for abuse of process are (1) an ulterior purpose and (2) a willful act in the use of the process not proper in the regular conduct of the proceeding." Simpson v. Laytart, 962 S.W. 2d 392, 394 (Ky. 1998).
Evidence to support a malicious prosecution claim can include photographs, witness statements, legal records related to the first claim and expert testimony.
The Elements of a Malicious Prosecution Claim A legal action commenced or prosecuted without probable cause. ... The legal action was brought or initiated with malice or malicious intent. Final, favorable termination or resolution of the action (or relevant claims) in the defendant's favor. ... Legally recognizable damages.
Malicious prosecution damages can be significant, whether the ?prosecution? in question was civil or criminal in nature. Most of the time, the damages awarded for malicious prosecution are compensatory damages, with no punitive damages added.