Malicious Prosecution

Although it's possible, prevailing in a malicious prosecution or similar lawsuit against a district attorney or equivalent government lawyer for the act of filing charges is usually a tall task. A criminal defendant turned civil plaintiff must typically prove outrageous conduct by the lawyer(s) in question.

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action.

It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as an intentional tort.

Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you; the lawsuit was filed not to win, but rather for some other purposes; and you suffered damages as a result. A claim of malicious prosecution is a civil case, not a criminal one.

Abuse of process is an intentional tort that arises when a person deliberately misuses a court process that is not justified by the underlying civil or criminal legal action. As with most torts, the elements that a plaintiff must prove in order to win his or her case will vary from state to state.

The Elements of Abuse of Process However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are: The existence of an ulterior motive or purpose in using the process, and. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.

If a civil or criminal case is wrongfully prosecuted, the defendant in that case may be able to turn around and sue the plaintiff for malicious prosecution. One person can sue another person when a previous criminal or civil lawsuit was brought for wrongful purposes.

1. Abuse of process has been defined as "something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding" 1. 2. Both the Crown Courts and magistrates' courts have discretion to protect the process of the court from abuse.

Abuse of process has been defined as "something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding" 1.A case might form an abuse of process where: the defendant would not receive a fair trial; and/or.