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 South Dakota. Small claims courts provide a way for individuals or businesses to settle a dispute without going to trial in a higher court. They are designed for cases involving smaller monetary amounts - usually no more than $7,500 - and are generally less formal than other types of courts. In South Dakota, the small claims court is also limited to civil cases, which means that lawsuits based on criminal matters, such as a restraining order, are not heard in small claims court. Restraining orders are usually issued by district or circuit courts after a hearing in which one party petitions the court to have an order of protection issued against another party. The hearing allows each side to present evidence and witnesses in support of their position. A restraining order may be granted when it is determined that the person requesting it is in danger of harassment, abuse, or harm from another person. In order to get a restraining order in South Dakota, you must proceed to the appropriate court and petition for it.
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