Types Of Injunction Order In Illinois

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Multi-State
Control #:
US-000299
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Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.

Restricted Actions: This outlines the behaviors you are prohibited from doing. This could include contacting the petitioner (the person who filed for the injunction) by any means (phone, text, email, social media), going near their home, workplace, or children's school, or even owning firearms.

In order to get an injunction, you have to file a Petition with the court. You must also attach an affidavit to your Petition. Be sure that you properly plead your Petition. The Petition must be based on facts and not conclusions.

Second, the preliminary injunction analysis requires considering the plaintiff's reasonable likelihood of success on the merits, whereas a permanent injunction is not even being considered until the plaintiff has won.

A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.

(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 ...

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.

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.

To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...

The party seeking a preliminary injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. Irreparable harm means that the harm cannot be adequately compensated by monetary damages or any other remedy except an injunction.

More info

Temporary restraining orders, preliminary injunctions, and permanent injunctions are powerful and sometimes devastating weapons. Injunctions in Illinois come in three different forms.There are: Temporary Restraining Orders; Preliminary Injunctions; Permanent Injunctions. Download and complete the Order of Protection forms from the Illinois Office of the Courts. In order to get an injunction, you have to file a Petition with the court. You must also attach an affidavit to your Petition. A preliminary injunction is a temporary court order that stops someone from doing something that could cause harm while a lawsuit is pending. A temporary restraining order, or TRO, is usually the first step in emergency litigation. There are two types of injunctions – an ex parte temporary injunction and a final injunction issued after notice to the respondent and a hearing. They are (1) a temporary restraining order ("TRO"), (2) preliminary injunction, and after a merits hearing, (3) a permanent injunction.

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Types Of Injunction Order In Illinois