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?”
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.
The primary differences between a temporary restraining order and a preliminary injunction are:
The Illinois Marriage and Dissolution of Marriage Act provides that temporary injunctive orders may be entered to accomplish any of following:
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.
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