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TROs and Preliminary Injunctions in Illinois

·

By

ACL

The short answer

A temporary restraining order (TRO) and a preliminary injunction are court orders that stop or require conduct before the case is decided. They are used when money later would not fix the harm.

Where it fits in your case

Often at the very start, sometimes within days of filing.

What to expect

  • The showing. A protectable right, irreparable harm, no adequate remedy at law, and a likelihood of success.

  • TROs are short-lived and can be issued quickly, sometimes without notice.

  • Bonds. The court may require security in case the order turns out to be wrongly issued.

What we need from you

Immediate access to documents and witnesses, and a clear picture of the business impact.

Common misconceptions

  • “An injunction decides the case.” It is preliminary.

  • “We’ll have weeks to respond.” Sometimes it is days.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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