Abuse of Process Under Kentucky Law
What is Abuse of Process?
Abuse of process is a tort that occurs when a person uses legal process for a purpose other than its intended purpose. This can include using a subpoena to harass someone, filing a frivolous lawsuit, or using a restraining order to gain an unfair advantage.
Elements of Abuse of Process
To prove abuse of process, a plaintiff must show the following:
The defendant used a legal process, such as a subpoena, arrest warrant, or restraining order.
The defendant used the process for a purpose other than its intended purpose.
The defendant's use of the process caused the plaintiff harm.
Damages for Abuse of Process
If a plaintiff is successful in proving abuse of process, they may be entitled to damages for the harm they suffered. This can include emotional distress, lost wages, and medical expenses. In some cases, the plaintiff may also be awarded punitive damages.
Defenses to Abuse of Process
There are a number of defenses that a defendant may raise to an abuse of process claim. These include:
The defendant used the process for its intended purpose.
The plaintiff suffered no harm as a result of the defendant's use of the process.
The defendant had a good faith belief that they were using the process for its intended purpose.
If You Have Been the Victim of Abuse of Process
If you believe that you have been the victim of abuse of process, you should contact an attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in court if necessary.
Here are some additional things to keep in mind:
The statute of limitations for filing an abuse of process claim in Kentucky is one year.
You may be able to recover damages for emotional distress, lost wages, and medical expenses.
You may also be able to recover punitive damages.
If you are considering filing an abuse of process claim, you should contact an attorney as soon as possible.