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Temporary Restraining Orders and Preliminary Injunctions in Illinois Divorce

Updated on
October 28, 2019
Article written by
Attorney Kevin O'Flaherty

In this article, we explain temporary restraining orders and preliminary injunctions in Illinois divorce cases.  We answer the following questions: “what are temporary restraining orders and preliminary injunctions?,” what is the difference between a temporary restraining order and a preliminary injunction?” and “how are temporary restraining orders and preliminary injunctions used in Illinois divorce?”

What are Temporary Restraining Orders and Preliminary Injunctions?

Both temporary restraining orders and preliminary injunctions are forms of injunctive relief.  Injunctions require a party to take or refrain from taking a specific action.  The purpose of a temporary injunction is to preserve the status quo until a final order can be entered after a trial on the merits of the case.

A temporary restraining order or preliminary injunction may be entered by a divorce court if the petitioner can demonstrate that there is an immediate threat of irreparable injury that later money damages would not resolve.  

For more on this topic, check out our article: Illinois Preliminary Injunctions and Temporary Restraining Orders Explained.

What is the Difference Between a Temporary Restraining Order and a Preliminary Injunction?

The primary differences between a temporary restraining order and a preliminary injunction are:

  • Notice Requirements:  Temporary restraining orders may be granted without notice to the other party if the petitioner can show that irreparable injury will result if the court does not enter an order before notice can ge given.  Preliminary injunctions always require notice to the other party.  
  • Duration:  Temporary restraining orders expire after 10 days while preliminary injunctions may last until a final order is entered on the matter in question.

How are Temporary Restraining Orders and Preliminary Injunctions Used in Illinois Divorce?

The Illinois Marriage and Dissolution of Marriage Act provides that temporary injunctive orders may be entered to accomplish any of following:

  • Prevent any person from transferring, encumbering, concealing, or otherwise disposing of any property and requiring him or her to notify the other party of any proposed extraordinary expenditures.  
  • Prevent a party from removing a child from the court’s jurisdiction for more than 14 days;
  • Preventing a party from interfering with the personal liberty of the other party or any child; and
  • Any other injunctive relief that the court finds appropriate.

The existence of a temporary restraining order or preliminary injunction will not impact the final decision of the court after a full hearing has been held on the merits.

For a more general article on the various types of temporary orders available in divorce, check out: Temporary Relief Petitions in Illinois Divorce.

 Temporary Restraining Orders and Preliminary Injunctions in Illinois Divorce
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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