Can I get a restraining order in a small claims court case?

In Massachusetts, a restraining order cannot be obtained from a small claims court. Restraining orders are legal documents that restrict or forbid a person from having contact with another person. As such, they are civil orders that are issued by a judge. Small claims court, also known as the District Court, handles disputes where the amount of money or value of property involved is generally $7,500 or less. Although a restraining order can be heard in the District Court, it cannot be obtained through small claims. In order to receive a restraining order, you must file a civil action in the Superior Court, which is the court where serious disputes are heard. Under Massachusetts law, only a Superior Court judge can issue a restraining order. The court will determine if there is good cause to issue a restraining order and will consider the facts of the case before making a decision. Once the judge grants a restraining order, it is legally binding and can be enforced by the police. If you choose to file for a restraining order, you should consult an attorney or a legal aid organization that can provide more information about the process. You will also need to provide documentation to support your request, such as police reports or medical records. It is important to remember that restraining orders are a serious legal matter and should be taken seriously.

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