Can I get a restraining order in a small claims court case?
No, you cannot get a restraining order in a small claims court case in Delaware. A restraining order is a court order issued to protect a person from another person, and is usually requested in cases involving domestic violence or harassment. When a restraining order is in place, the order prohibits the restrained person from coming near the petitioner. However, small claims court is designed to settle disputes between two parties over relatively small amounts of money or personal property. For example, small claims court is a quicker and less expensive option for resolving a disagreement over the cost of a repair or a late car payment. If you have a dispute with an individual or entity that could be resolved in small claims court, you may want to consider filing a civil lawsuit in Delaware Superior Court or the U.S. District Court. These courts have the authority to grant restraining orders. If you are looking for assistance with an issue involving domestic violence or harassment, please contact the Domestic Violence Coordinating Council of the Office of the Attorney General or a local domestic violence shelter in Delaware.
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