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FAQs About Injunctions

Q.        What is an “injunction”?

An injunction is an equitable remedy by which a court orders a party either to perform a specific act, or to refrain from doing something.  A “negative injunction” orders a party to refrain from doing a particular act.  A “mandatory injunction” commands a party to perform a specific act.

Q.        What kinds of “injunction” are available?

Illinois law recognizes three different types of injunction: temporary restraining orders (“TROs”), preliminary injunctions; and permanent injunctions.

Q.        What is a “TRO”?

A TRO is an emergency remedy.  It is entered to preserve the “status quo” for a specified duration, or pending a hearing on a preliminary injunction.

Q.        What is a “preliminary injunction”?

A preliminary injunction is an “interlocutory” injunction.  It is entered to preserve the “status quo” until the court can hear a trial on the merits.

Q.        What is a “permanent injunction”?

A preliminary injunction is a final order in a case.  It is usually entered only after the court hears a trial.

Q.        What is the “status quo”?

Illinois law defines the “status quo” as the last, actual, peaceable, uncontested status preceding the pending controversy.

Q.        What is an “injunction bond”?

Judges often require the party seeking a TRO or preliminary injunction to post a bond.  The purpose of the bond is to provide for costs and damages that the enjoined party may suffer, if the judge later decides to dissolve the injunction.

Q.        What should I do if I learn that someone has moved for a TRO or preliminary injunction against me?

Call a lawyer immediately.  Depending on the relief sought, a TRO or preliminary injunction can prove disastrous to the enjoined party.  Getting a lawyer involved quickly may help you avoid serious problems.

If you find yourself in need of a better explanation, please call us today.

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