The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.
Oklahoma Complaint for Malicious Prosecution Involving Filing a False Police Report is a legal document that addresses instances where an individual deliberately makes a false police report, subsequently leading to wrongful prosecution against another person. This complaint is crucial in safeguarding the rights and reputation of the innocent party affected by this malicious act. In Oklahoma, the Complaint for Malicious Prosecution is an essential recourse to combat unfounded accusations and the abuse of the legal system. It enables individuals to seek justice and hold those responsible accountable for their actions. This complaint serves as a means to rectify the damages caused by the false report, prevent further harm to the innocent party, and deter future acts of malicious prosecution. Different types of Oklahoma Complaints for Malicious Prosecution Involving Filing a False Police Report may include: 1. Criminal Complaint for Malicious Prosecution: This type of complaint is filed when a false police report results in criminal charges being wrongfully brought against an innocent person. It seeks to prove that the report was made with the intention to deceive and cause harm. 2. Civil Complaint for Malicious Prosecution: This complaint is filed when a false police report leads to the filing of a groundless civil lawsuit against someone. It aims to show that the individual making the false report had an ulterior motive, such as gaining financial advantage or causing harm to the accused. 3. Complaint Against a Public Official for Malicious Prosecution: This type of complaint is specific to instances where a public official, such as a law enforcement officer or prosecutor, is involved in the false report and subsequent malicious prosecution. It alleges abuse of power and misconduct on the part of the public official. 4. Complaint for Emotional Distress Caused by False Police Report: In some cases, the impact of the false police report goes beyond legal consequences. This complaint is filed when the false report causes significant emotional distress, resulting in psychological harm to the innocent person. It seeks to seek compensation for the resulting mental anguish and suffering. When filing an Oklahoma Complaint for Malicious Prosecution Involving Filing a False Police Report, it is crucial to provide detailed information regarding the false report, the motive behind it, any evidence of deceit or ulterior motives, and the damages suffered by the innocent party. It is important to consult with an experienced attorney who specializes in malicious prosecution cases to effectively present the complaint and seek justice for the wronged individual.
