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 Florida. While small claims court does offer a convenient and inexpensive way to resolve certain disputes, it is limited in what it can do. In Florida, restraining orders are issued only through criminal or family court proceedings. So if you need a restraining order, you will have to go to a criminal or family court to get one. Restraining orders are not the only type of order that cannot be requested in small claims court. Other orders, such as orders for specific performance, or orders to evict a tenant, cannot be requested either. Small claims court is only available for monetary awards or other orders that are in the court’s power to award. If you are in need of a restraining order, you should contact a family lawyer near you to discuss your options. They can help you determine if a restraining order is the right legal option for your situation and provide counsel on the steps to take to get one.
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