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Difference Between Temporary Injunction And Stay Order In Chicago
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Chicago
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US-000299
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An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
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The most notable difference is that a TRO is generally limited to a short period of time, like ten days. The judge may grant a petitioner an Interim Order after a respondent has been served.This order may last up to 30 days. A restraining order is temporary, usually to allow time for a more long term resolution to be sought. A TRO is a form of injunction issued on a temporary emergency basis: Temporary Restraining Order. In Illinois, individuals can petition the Court for three common protective orders: Order of Protection, Stalking No Contact Order and Civil No Contact Order. Preliminary Injunction – A preliminary injunction is a court order that lasts longer than a TRO and can be held in place for the duration of litigation. As with other orders, an order of protection for domestic violence begins with an emergency order, which can last from 14 to 21 days. IMPORTANT: You will need Adobe Acrobat, or free Adobe Reader XI (or a higher version) in order to save completed forms. As previously stated, in the present case, an agreed date for the preliminary injunction hearing was set forth in the temporary restraining order.