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 New York. Restraining orders are a type of court order that forbids someone from doing a certain act, such as coming into contact with someone else. They are usually issued as part of a criminal or family court case. Small Claims Courts are a civil court where people can sue for small amounts of money (up to $5,000 in New York). The purpose of a small claims court is to resolve disputes between two or more parties quickly and without expensive legal procedures. The court does not issue restraining orders. If you are seeking a restraining order in New York, you must file your paperwork in the criminal or family court in the county where you live. You will have to provide documentation to the court that proves there is a legitimate reason to issue a restraining order. This includes evidence such as photographs, emails, or other pieces of evidence that show the threat of harm. The court may then grant the restraining order, which would then be enforced by local law enforcement.
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