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

No, you cannot obtain a restraining order in a small claims court case in North Carolina. A restraining order is a legal order issued by a court or magistrate that requires an individual to refrain from certain behavior, such as contact with another person, coming within a certain distance of them, or entering specific places. Restraining orders are issued in civil court cases involving family and domestic law, or in criminal cases. They are not available in small claims court cases in North Carolina. Small claims court is a court of law that handles disputes between two individuals or organizations. These disputes typically involve money or property, but not restraining orders. If you are facing a situation that requires a restraining order, you would need to file a civil action in the civil division of a North Carolina district court. Depending on your situation, you could also file a criminal complaint against the person or persons in question. In either case, you should consult with an experienced attorney to ensure that your legal rights are protected. An attorney can provide you with the necessary forms, explain the process, and advise you of the best course of action in your situation.

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