INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS: HOW A COURT TELLS SOMEONE TO “STOP.” Illinois law recognizes three types of injunctive relief, 1) temporary restraining order, 2) preliminary injunction, and 3) permanent injunction. County of Boone v. Plote Construction, Inc., 2017 IL App (2d) 160184 at ¶ 27. Each have unique characteristics, but all are tools to stop another party from either engaging in an activity, or preventing the other party from starting an activity. A temporary restraining order (“TRO”) is the path toward the most immediate, albeit possibly temporary, relief. Courts can issue a TRO with, or without, notice. 735 ILCS 5/11-101. A TRO entered without notice expires in 10 days in order to maintain due process. Id. If a TRO is entered with notice, the 10 day expiration date under 735 ILCS 5/11-101 does not apply. Id. However, a hearing on the validity of the TRO must be held within 10 days. Plote Construction, 2019 IL App (2d) at ¶ 27. This provides the other party a fair opportunity to present its side of the story. Id. A party considering a TRO must raise a fair question about the existence of its rights that entitle it to relief, and that the court should preserve the status quo until the matter is decided on the merits. County of DuPage v. Gavrilos, 359 Ill.App.3d 629 (2nd Dist. 2005). Whether the party is entitled to relief requires a likelihood of success on the merits. Id. at 634-35. Courts can review evidence and affidavits when considering a party’s likelihood of success. Id. A TRO issued with notice and for an unlimited duration is the same type of relief as a preliminary injunction. In re Estate of Wilson, 373 Ill. App. 3d 1066, 1075 (1st Dist. 2007). However, a TRO that expires requires the prevailing party to seek a preliminary injunction. Id. A preliminary injunction is granted when the party demonstrates a clear ascertainable right in need of protection, irreparable harm to the party without an injunction, no adequate remedy at law for the party’s injury, and that the party has a substantial likelihood of success on the merits in the underlying action. Franz v. Calaco Development Corp., 322 Ill.App.3d 941, 946 (2nd Dist. 2001). If granted, the preliminary injunction lasts throughout the duration of the case. Id. A party with a preliminary injunction that ultimately prevails on the merits of the underlying case may be entitled to a permanent injunction. Sparks v. Gray, 334 Ill.App.3d 390 (5th Dist. Read More….
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