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Difference Between Temporary Injunction And Stay Order In Illinois
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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.
How long an injunction lasts is really up to the judge. An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force.
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.
Illinois law provides that a TRO may last only 10 days, except in certain circumstances. Illinois law recognizes two different types of TROs: TROs with and without notice (the latter being referred to by courts as ex parte TROs).
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.
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.
The Illinois Domestic Violence Act tells the reader what a court must find to issue an order of protection and then asks the reader to piece together the proofs to allow the court to make that finding. Physical harm or threat of physical harm to the petitioner. Conduct that causes emotional distress to the petitioner.
An Order of Protection is a civil case, not a criminal matter; therefore, it will not go on the respondent's criminal record. Although the Order of Protection will not become part of the public record, law enforcement officers and the court clerk in your county can check to find out that it exists.
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The judge may grant a petitioner an Interim Order after a respondent has been served. This order may last up to 30 days.The most notable difference is that a TRO is generally limited to a short period of time, like ten days. There are three types of orders. Emergency and interim orders of protection provide temporary, short-term protection. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper. A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. A TRO is a form of injunction issued on a temporary emergency basis: Temporary Restraining Order. All Illinois Courts must accept these forms. An interim order lasts for up to 30 days.