When going through a divorce, at times it may become necessary to request immediate relief from the Court in the form of a Temporary Restraining Order and a Preliminary Injunction.
In Illinois, a Petitioner must establish the following five elements for a Court to issue a temporary restraining order followed by a preliminary injunction:
- The Petitioner must establish that he or she has a clearly ascertainable protectable right which is being threatened;
- The Petitioner must establish that without the entry of a temporary restraining order, the Petitioner would be irreparably harmed;
- There must be no other adequate legal remedy at law available;
- That there is a likelihood of success that the Petitioner would prevail on the merits of his or her claim should the matter proceed to a hearing; and
- That the benefit of a temporary restraining order followed by a preliminary injunction being granted outweighs the detriment suffered by the Respondent due to such relief being granted.
In addition, Illinois law requires that any petition for a temporary restraining order or a preliminary injunction must be accompanied by a signed affidavit outlining the factual basis upon which such relief is being sought.
Do you have additional questions regarding obtaining a Temporary Restraining Order and a Preliminary Injunction against your spouse? Contact the Law Offices of Michael P. Doman, Ltd. to request a consultation today!