Temporary Restraining Order Form Foreclosure In Illinois
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FAQ
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).
If granted by the court, a TRO works by requiring the other party to either do something or refrain from doing something for a specified period. If a TRO is obtained without notice to the other party, then Illinois law limits a TRO to 10 days in duration, with one 10 day extension. 735 ILCS 5/11-101.
The standard of proof required is “a preponderance of the evidence,” the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true.
Harassment, intimidation, interference with personal liberty, each have their own definition. These are pretty specific instances described as harassment. Any testimony to an incidence such as these will be sufficient evidence for a finding of “harassment” thereby allowing the court to issue an order of protection.
To begin the process of terminating an order of protection, the restrained person must file a motion to dissolve the order. This involves completing court forms that request the termination or modification of the existing order. The forms must be submitted to the district court that issued the protection order.
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.
(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the parties, a remedy in equity is warranted; and (4) that the public interest would not be disserved by ...
To be entitled to a TRO in Illinois, a plaintiff must have: (1) a clearly ascertained right in need of protection, (2) irreparable injury in the absence of an injunction, (3) no adequate remedy at law, and (4) a likelihood of success on the merits of the case.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
