Colorado Supreme Court lowers standard for Abuse Of Process

(3/23/16) Andrew Rose

In a potential win for victimized ex-spouses, the Colorado Supreme Court has ruled that the standard for abuse of process claims is no longer “devoid of factual support” but that private litigants can bring abuse of process claims when they are subject to legal actions that improperly use the courts for improper purposes. 

For details on this ruling see:
http://www.cobar.org/opinions/opinion.cfm?opinionid=9796&courtid=2

Supreme Court Case No. 13SC131
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 11CA1829


Petitioners:
Christopher Boyer and Patrick Singson,
v.
Respondent:
Health Grades, Inc., a Colorado corporation.

Because personality disordered ex-spouse parents have historically used money and access to the Family Court to essentially badger victimized ex-spouses, this ruling may allow for lawsuits against frivolous filings.

In the past “abuse of process” could not be claimed if there was a shred of relevance in the filing.  It was virtually impossible to show that the filing was “devoid of reasonable factual support.”

If you know of a case where there are repeated frivolous filings for the improper purpose of pressuring a victimized ex-spouse to modify demands for child support, maintenance, parenting responsibility (custody), schooling, medical needs, etc.  please contact bps@boulderparentsupport.com

 

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