https://www.njcourts.gov/sites/default/files/charges/3.12.pdf
A. Elements of a Malicious Prosecution
An action at law for malicious prosecution based upon a prior criminal
judicial proceeding consists of several elements.
First. The plaintiff must establish the existence of a criminal judicial
proceeding against him/her. On this subject the (undisputed) facts are (state the
nature of the criminal charge instituted against the plaintiff, the name of the judicial
tribunal in which it was instituted, etc.)
Second. The plaintiff must establish that the defendant was responsible for
or caused that proceeding to be instituted against him/her.
On this subject the (undisputed) facts are (state what the defendant did to
initiate the criminal judicial proceeding against the plaintiff such as signing a
complaint, etc.)
Third. The plaintiff must establish that the criminal proceeding terminated
favorably to him/her or in a manner not adverse to him/her. On this subject the (undisputed) facts are (state facts relating to the nature of the termination, such as a termination in his/her favor, a failure of the grand jury to
indict, a failure of the magistrate to find a prima facie case, a voluntary withdrawal
or abandonment, etc.).
Fourth. The plaintiff must establish a lack of reasonable or probable cause
for the criminal prosecution.
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Malicious prosecution requires proof that the other party initiated their legal proceedings without probable cause for doing so and with the intention of causing harm. As part of proving this, it’s required that the legal proceedings that served as a catalyst for the claim of malicious prosecution have been completed and ended in dismissal, acquittal, or in some other way that favored the individual or entity accusing the other side of malice. There must also be proof of financial loss, emotional distress, damage to reputation, or some other legitimate harm.
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