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

No, getting a restraining order in a small claims court case is not possible. In California, a restraining order can be requested in civil court and must be decided by a judge, whereas a small claim is heard in small claims court by a commissioner. A restraining order is a court order that requires someone to stop doing certain activities or engaging in certain behavior around another person or entity. The order can be used to protect a person from abuse, harassment, stalking, or other types of harm. It is important to remember that a restraining order is a civil court order, not a criminal court order. To obtain a restraining order, a petition must be formally filed with the court and a hearing must take place. During the hearing, the petitioner must prove their case to the satisfaction of the judge. In contrast, a small claims court case is a less formal court case and does not require a hearing. The parties involved in the case submit their claims to the small claims court commissioner and he or she makes a decision without a hearing. Therefore, a restraining order cannot be requested or granted in a small claims court case.

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

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