In Illinois, two main tools help prevent harm during disputes: preliminary injunctions and temporary restraining orders (TROs). Both stop specific actions but differ in timing and urgency.
What is a Preliminary Injunction in Illinois?
A preliminary injunction is a temporary court order that stops someone from doing something that could cause harm while a lawsuit is pending. Its purpose is to keep things as they are (status quo) until the case is resolved. This type of injunction is used when a case will take a long time to resolve and immediate protection is needed.
For example, if someone is allowing their dogs to destroy their neighbor’s vegetable garden, a court may issue a preliminary injunction requiring them to stop this activity while the lawsuit is pending.
How to Get a Preliminary Injunction in Illinois
To get a preliminary injunction, the plaintiff must show four things:
- Likelihood of success on the merits: They must show they will win the case.
- Irreparable harm: They must prove that without the injunction, they will suffer harm that can’t be fixed later, like losing something valuable or unique.
- Balance of equities: The harm to the plaintiff if the injunction isn’t granted must be greater than the harm to the defendant if it is granted.
- Public interest: Granting the injunction must be in the public’s best interest.
Using the example of the neighbor’s dogs:
- The plaintiff will likely succeed because the dogs are on their property.
- If the dogs destroy the garden, the plaintiff will suffer irreparable harm (the garden can’t be replaced).
- The balance of equities favors the plaintiff, their loss is greater than the defendant’s inconvenience.
- Protecting private property rights is in the public interest.
In our "check-all-that-apply" survey question, we found many barriers people have to getting Protective Orders. Fear of retaliation (69.6%) and lack of legal knowledge (57.1%) were the top two, followed by cost of legal services (55.4%). More than half (51.8%) said the emotional or psychological burden of seeking protection was a barrier, so we need both legal and emotional support during the process. Let us help you - schedule a consultation today!
Illinois Temporary Restraining Orders (TROs)
A temporary restraining order (TRO) is another type of injunction. TROs are used in emergency situations where immediate action is needed to prevent harm. TROs are shorter than preliminary injunctions and are often used in harassment, domestic violence or child custody cases.
How to Get a TRO in Illinois
To get a TRO, the same four factors as a preliminary injunction must generally apply. However, the key difference is urgency. In some cases, a TRO can be granted without notifying the other side (an ex parte TRO) if there is a risk of immediate and irreparable harm. For example, a victim of domestic violence might request a TRO to have their abuser removed from the home without notice to prevent further harm.
Example:
A victim of abuse wants a TRO to stop the abuser from contacting them or entering their home. The court can grant this order quickly to provide immediate protection. If the victim’s attorney shows that notifying the abuser would provoke more violence, the court can grant the TRO without notifying the abuser first.
Duration of Preliminary Injunctions and TROs in Illinois
A TRO in Illinois is temporary and lasts up to 10 days unless extended by the court. A preliminary injunction lasts until the final judgment in the case unless appealed.
Notice Requirements for TROs and Preliminary Injunctions
In most cases, Illinois law requires the party seeking the injunction or TRO to notify the other side of the hearing. However, in emergency situations (domestic violence or child custody) the court can allow an ex parte hearing where the other side is not notified.
For example, if a spouse is seeking a TRO to prevent their abusive partner from causing more harm, notifying the abuser would increase the danger. Inthose cases the court can proceed with the hearing without notifying the abuser.
Or take the child out of state. They can request a TRO without notice to the other parent.
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