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

In Indiana, small claims court is for litigation of civil disputes with a monetary value of no more than $6,000. In other words, it is a court of law that deals with a variety of civil disputes—from disagreements over a contract or civil wrong to more simple no-fault matters. Restraining orders, however, are not part of the small claims court’s jurisdiction. A restraining order is a court order that is issued to prevent one party from having contact with another. This type of order is regulated under a different set of laws and must go through a separate court process. In Indiana, either a Circuit Court or Superior Court judge can issue a restraining order. The process requires that a petitioner fill out the appropriate forms to present to the judge. The petitioner must provide evidence of threats or abuse that has been committed and the judge must decide whether the issue presented is serious enough to warrant a restraining order. In some cases, the judge may require both parties to attend a hearing, where they can present evidence before a decision is made. Therefore, despite the fact that small claims court offers a low-cost and expedient way to resolve civil disputes, it does not have the authority to issue restraining orders. If someone is seeking a restraining order in Indiana, they must go through the proper court procedures.

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