Can I get a restraining order in a small claims court case?
No, small claims court in Maryland is not the venue for restraining orders. Small claims court is used to hear civil matters that involve money damages of at least $5,000 or less, including disputes between landlords and tenants, or consumers and businesses. Restraining orders, which are used to protect victims of abuse, harassment, stalking, or threats, are more appropriate to be sought through the Circuit Court. The Circuit Court in Maryland is responsible for hearing matters between individuals, and those involving large amounts of money or property, as well as criminal cases and appeals from the District Courts. If a person needs a restraining order, they must go through the Circuit Court process, which is more extensive than a small claims court case. This process involves filing a Petition for a Protective Order and serving notice of the hearing to the respondent by a sheriff or a process server. The Circuit Court will then hear the case and make a decision about whether or not to grant the requested restraining order. In sum, small claims court is not the place to seek a restraining order in Maryland. The Circuit Court is the appropriate venue to seek a restraining order. The process for obtaining a restraining order is more extensive than going to small claims court and requires filing a Petition for a Protective Order and serving notice to the respondent.
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