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 Idaho. Small claims court is a special court designed to quickly and inexpensively resolve small disputes. Generally, claims not exceeding $10,000 can be brought to small claims court. Restraining orders are a type of court order issued by a judge to prevent one person from contacting another person or coming within a certain distance of them. There are two main types of restraining orders in Idaho; civil restraining orders and criminal restraining orders. Either type of restraining order must be obtained from a district court, not from a small claims court. If your small claims court case arose out of a situation in which you feel you need protection from another person, you may ask the small claims judge at the hearing for a referral to the district court in order to file for a restraining order. This is the only type of action a small claims court case can take to protect a person from another individual.

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