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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.
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. 735 ILCS 5/11-101.
A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.
Under Illinois law, a TRO is an equitable remedy that requires a party to do something or refrain from doing something until such time as the court can hear and review further argument and evidence from the parties.
The Five Elements Applied Plaintiff Possesses a Clearly Ascertainable Right in Need of Protection. ... Plaintiff has No Adequate Remedy at Law. ... Immediate Threat of Irreparable Harm. ... Plaintiff has a Likelihood of Success on the Merits. ... Balancing of the Equities.
Sec. 2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...