An Illinois Temporary Restraining Order (TO) is a court order issued by a judge to protect a person from harm or harassment. It is a legal way to protect individuals from physical or emotional harm. The restraining order will prevent the person who is being restrained from having any contact with the person who is requesting the restraining order. There are two types of Illinois Temporary Restraining Orders. The first type is an emergency TO, which can be granted without the restrained person being present in court. The second type is a plenary TO, which is a more permanent restraining order that requires the restrained person to be present in court. Both types of orders can be extended or modified by the court.
Illinois Temporary Restraining Order
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Temporary Restraining Order
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An Illinois civil litigant may ask the court to enter a temporary restraining order (TRO) and preliminary injunction directing another party to engage or refrain from engaging in certain conduct pending further action by the court.
A restraining order is a legal document issued by a civil court that is meant to protect victims of abuse or harassment from their abusers. In Illinois, restraining orders are known as orders of protection. These orders can be very useful in protecting men, women, and children from abusive partners or other parties.
A sample motion for a temporary restraining order (TRO) that may be used in Illinois circuit court civil litigation to seek immediate, temporary injunctive relief, with or without notice, to maintain the status quo until the court can conduct a hearing on a motion for preliminary injunction.
Duration of Temporary Restraining Orders and Preliminary Injunctions. For all intents and purposes, a temporary restraining order serves the same purpose as a preliminary injunction. However, unlike a preliminary injunction, a temporary restraining order will expire after ten days and needs to be extended further.
An Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.
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.
Temporary Restraining Orders Versus Injunctions Both serve to help prevent harm until a permanent injunction can be issued. The most notable difference is that a TRO is generally limited to a short period of time, like ten days. It is possible to extend the timeframe of a TRO to the date of an evidentiary hearing.
A temporary restraining order, or TRO, is similar to a preliminary injunction in that it is a pre-trial court order that enjoins or mandates another party's conduct. However, it is different in that TROs are more urgent and may be issued without notice to the other party.