District Court Vs. Circuit Court In Maryland

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What is the difference between District and Circuit Court?   

The District Court of Maryland is the state’s lowest trial court (court of original jurisdiction) for very specific cases. The Circuit Court sits above the District Court as a trial court for a wide group of case types. The District Court hears traffic, non-jury criminal matters, and limited civil cases. These cases such as domestic violence, small claims, and landlord-tenant matters. The Circuit Court generally handles more serious criminal jury trials and major civil cases. It includes custody and other family law issues such as divorce, custody, and child support. The Circuit Court also hears most appeals from the District Court, orphans’ courts, and lower administrative agencies.

One should observe the process of waiving cases up to the circuit court. For intra-family offenses of domestic violence requires that there is a pending Circuit Court matter. Because the Circuit Court is a court of equity. They have more flexibility in their decisions related to other issues. Those issues have not necessarily be drawn out in the statute of the District Court.

How do the two courts differ in the award of custody?

The acronym CPO is short for Civil Protective Order. A civil protective order or commonly known as a restraining order. It is a court order directing an individual not to have any contact with a person who is a victim of abuse. Protective order cases had typically initially been held in District Court through a final hearing before a judge. Once a judge reached a decision, those cases can be appealed to the Circuit Court by either party if there is a basis for legal error.

The Circuit Court will conduct a new trial through a de novo hearing and review the entire case once it has appealed. The issues before the Circuit Court will whether or not abuse occurred. And what relief the person has entitled to as a result of said abuse relating to protection. These include but are not limited to a determination of custody, child support, anger management courses, and family maintenance. 

What should you do if you have a pending case?

If you are a victim of domestic violence or looking to defend against a petition filed against you? It is important that you understand your rights and have competent representation to assist you in that process. The Murphy Law Firm LLC is ready, willing, and able to assist. If you have questions about going through the protective order process in District or Circuit Court. Contact Angel Murphy at (240) 493-9116 for a trial strategy meeting to explore your options. If you are active on social media, Like and Follow us on Facebook @AMurphyLegal, on Instagram @AMurphyLegal, and @AMurphy_Legal on Twitter.

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