Can I get a restraining order in a small claims court case?
Unfortunately, no, you cannot get a restraining order in a small claims court case in Wisconsin. Restraining orders are civil court orders that require one party to cease certain activities. The purpose of a restraining order is to protect the safety of a person or prevent property damage. In Wisconsin, small claims court is a type of court that hears only civil cases involving smaller amounts of money. In such cases, the defendant and the plaintiff can represent themselves and do not need an attorney. Since restraining orders involve a different kind of case not related to money disputes, they would have to be taken to a different court. In Wisconsin, restraining orders are filed in county circuit courts. In order to obtain a restraining order, a person must fill out the appropriate paperwork with the court and appear in the circuit court in front of a judge. The judge will hear all of the evidence and decide whether to grant the restraining order. If the order is granted, it will include various instructions for both parties such as who must stay away from whom, contact restrictions, and other safeguards. Once the restraining order is granted, it is enforceable by law.
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