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 West Virginia. A restraining order is a legal document that bars someone from contacting another person, usually because of a threat of harm. A small claims court in West Virginia handles disputes where the amount of money in dispute is $5,000 or less. A restraining order is a special type of legal action, not a money dispute, and is generally handled in a different kind of court—typically a district court—depending on the severity of the situation. In West Virginia, you can ask for a restraining order if you are in danger from someone else. A complaint for a restraining order must be filed in the district court, not in a small claims court. If a restraining order is granted, it prohibits the person you are seeking protection from from engaging in different kinds of behaviors, such as contacting you or showing up at your home or workplace. Restraining orders are serious matters, and it is important to seek legal advice before attempting to obtain a restraining order. If you believe you need a restraining order in West Virginia, contact an attorney or your local court to find out more information on the process.

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