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Questions about Abuse of Process

Abuse of process happens when one party institutes criminal proceedings against another party which is malicious in intent and without probable cause. This is often referred to by the legal name “Tort”. Below are some of the most commonly asked questions about abuse of that have been answered by Experts.

What is the necessary elements for filing a claim for abuse of process?

There are two main criteria that must be met for making a claim for abuse of process damages. The first is that some action was taken against the claimant which was not proper in the course of regular prosecution of action taken against him/her. The second is that an ulterior purpose or motive for such action must exist.

What is the difference between Malicious Prosecution and Abuse of Process?

Malicious Prosecution is deemed to have occurred when civil or criminal proceedings have been initiated without probable cause. Abuse of Process takes place when the legal process itself is perverted and used for illegal or malicious purposes. In the case of Abuse of Process the charges levied against the claimant should have been dismissed and he should stand exonerated. Malicious Prosecution and Abuse of Process are similar in nature and obtaining legal advice in regard to the right course of action is recommended.

Can a resident of Illinois file an abuse of process complaint if the abuse of process occurred in a different state

An abuse of process claim is normally filed in the state where the abuse occurred. Illinois is a separate jurisdiction and will not have a legal relationship with the abuse that occurred in another state. A claim can be filed in Illinois if the case has been transferred to that state via a change of venue.

What is the time limit for filing an abuse of process claim in Maryland?

Maryland Code, Section 5-101 states that the statute of limitations, the time within which a claim for abuse of process must be filed, is three years. Since this statue says the three years limitations applies to all claims that are not covered by different time frames provided in other parts of the chapter, it must be read in conjunction with other statutes. It may be advisable to contact a lawyer to discuss the specifics of your case to see if other statues may be applicable.

My former employer made a fabricated police complaint against me because they thought I was stealing company secrets. The case was dismissed. I want to take action against them. Is this a case of abuse of process or perjury or defamation? What course of action would be best?

An abuse of process claim will be difficult in these circumstances. You will be required to provide proof that this is a case of malicious abuse of process and that motive behind it was to abuse and intimidate you and your former employer knew it was a baseless charge. The fact that the case was dismissed does not automatically give you the legal right to file a claim.

Unless a false statement was made under oath, perjury will not apply. Additionally since it is not a private claim, personally suing for perjury may not be tenable.

Civil recourse by means of suing for defamation may be the best option for you if you can prove that false and malicious remarks were made about you so as to damage your reputation and demean you. For the court to take cognizance of your claim you will need to provide proof of the hurt you have suffered and the damage you have sustained.

It may be best to contact a lawyer specializing in these matters to examine the validity of your claim and the chances of a successful outcome to any action you may take.

Abuse of process is a complex legal matter. It is advisable to contact a lawyer or Expert that specializes in this aspect of the law to assess the details of your case and provide you with an Expert opinion on if you have suffered from abuse of process and the viability of taking legal action for redress.

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Recent Abuse of Process Questions

  • Hi, I wasn't to make sure that I have the correct avenue of

    Hi, I wasn't to make sure that I have the correct avenue of approach on a Federal Torts case i will be filing soon. The back story is as follows:
    I want to know if i am on the correct avenue of approach with regards ***** ***** a lawsuit against the U.S Army.
    My ex Gf (an Army member) was unhappy that I was trying to win her favor again last yr so she filed for a frivolous restraining order. I defeated her in court and was absolved of everything. She went to the MPs on base, the DoD IG, Police, Magistrate and even my Intelligence agency at the time and they all said that i did nothing wrong.
    What she then did was go to her boss (an Army Major) and told him something ( i am not sure what) and he called my agency security as a representative of the Army and from their work place (Pentagon) and told my agency some false statements and allegations as was proven by the court case. They did this in a professional capacity as representatives of the Army calling my civilian Intelligence agency.
    I am a civilian contractor and they had no business contacting them and not understanding the separation between civil and professional affairs. I did nothing wrong but what ever they said to my agency made them suspend my clearances until the court case was over. As a contractor, i lost my job due to my contract company not being able to use me in that time-span. Va is a right to work state.
    Anyway, I want to know if my case is viable and how and whom i should contact to get this type of case going.
    I was told that I need to file this under a federal torts law and admin procedure. BUT,I was reading up more on the FTCA and it says that I cannot sure for...
    "(h) any claim arising out of assault, battery, false imprisonment, false arrest, maliciousprosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference
    with contract rights: PROVIDED that, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this
    Chapter and section 1346(b) of this Title shall apply to any claim arising, on or after the
    date of the enactment of this proviso, out of assault, battery, false imprisonment, false
    arrest, abuse of process, or malicious prosecution. For the purpose of this subsection,
    "investigative or law enforcement" means any officer of the United States who is
    empowered by law to execute searches, to seize evidence, or to make arrests for
    violations of Federal Law; "
    Any guidance would be greatly appreciated.
    Thanks in advance.
  • My ex-girlfriend who lived with me obtained a TPO, which resulted

    My ex-girlfriend who lived with me obtained a TPO, which resulted in having me being removed from my house. We had the hearing and the judge dismissed the case due to no evidence. Upon returning to my home "all" my household possessions were removed from my home and storage unit. I was left with over $50,000 in property gone. I immediately filed a police report and the officer informed me this may be a civil matter. However, he did say it would be up to the detective assigned to the case and to contact him tomorrow morning.
    I know according to O.C.G.A. O.C.G.A. 16-8-2 "A person commits the offense of theft by taking when he/she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
    The day she removed the property she text my friend and said "she would give me anything I want back". I requested over the weekend for her to return my property and she has refused to contact me.
    Question: Do I have legal grounds to have her arrested according to the above statue?
  • yesterday my neighbor knocked on my door accusing me of taking

    yesterday my neighbor knocked on my door accusing me of taking orders from UPS that belongs to him. 30 min after a police officer knocked on my door asking for my information. i never ever signed anything from UPS. what i can do about it. we live in a large building.
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