735 ILCS 5/11-101
Temporary restraining order
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(735 ILCS 5/11-101)
(from Ch. 110, par. 11-101)
Sec. 11-101.
Temporary restraining order.
No temporary restraining order shall be granted without notice to the
adverse party unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and irreparable
injury, loss, or damage will result to the applicant before notice can
be served and a hearing had thereon. Every temporary restraining order
granted without notice shall
be indorsed with the date and hour of
signing; shall be filed forthwith in the clerk's office; shall define
the injury and state why it is irreparable and why
the order was granted without notice; and shall expire by its terms
within such time after the signing of the order, not to
exceed 10 days, as the court fixes,
unless within the time so fixed the order, for good cause shown, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The
reasons for the granting of the extension shall be stated in the
written order of the court. In case a
temporary restraining order is granted without notice, the motion for a
preliminary injunction shall be set for hearing at the earliest
possible time and takes precedence over all matters except older matters
of the same character; and when the motion comes on for hearing the
party who obtained the temporary restraining order shall proceed with
the application for a preliminary injunction and, if he or she does not do so,
the court shall dissolve the temporary restraining order.
On 2 days' notice to the party who obtained the temporary restraining
order without notice or on such shorter notice to that party as the
court may prescribe, the adverse party may appear and move its
dissolution or modification and in that event the court shall proceed to
hear and determine such motion as expeditiously as the ends of justice
require.
Every order granting an injunction and every restraining order shall
set forth the reasons for its entry; shall be specific in terms;
shall describe in reasonable detail, and not by reference to the
complaint or other document, the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers,
agents, employees, and attorneys, and upon those persons in
active concert or participation with them who receive actual notice of
the order by personal service or otherwise.
(Source: P.A. 84-554.)
Notes of Decisions
Cited in 35
cases (13 in the last 5 years), 1995–2026 · leading case: People v. Morgan
People v. Morgan (2025)
“See 735 ILCS 5/11-101 (West 2022). “The plaintiff is not required to make out a case which would entitle him to judgment at trial; rather, he only needs to show that he raises a ‘fair question’ about the existence of his right and that the court should preserve the status quo…”
C.D. Peters Construction Co. v. Tri-City Regional Port District (1996)
“735 ILCS 5/11-101 (West 1994). It also provides that when a temporary restraining order is issued without notice, it shall expire within 10 days.”
Lifetec, Inc. v. Edwards (2007)
“First, defendants contend the order runs afoul of section 11-101 of the Code of Civil Procedure (Code) (735 ILCS 5/11-101 (West 2006)), which requires: "Every order granting an injunction and every restraining order shall set forth the reasons for its entry; shall be specific in…”
Fox Fire Tavern, LLC v. Pritzker (2020)
“On October 26, 2020, FoxFire filed an emergency petition for a TRO and a preliminary injunction pursuant to section 11-101 of the Code of Civil Procedure (735 ILCS 5/11-101 (West 2018)), seeking to preclude enforcement of EO61 against it.”
County of Boone v. Plote Construction, Inc. (2017)
“The court rejected defendants’ suggestion that the injunctive order was subject to the 10-day limit provided in section 11-101 of the Code (735 ILCS 5/11-101 (West 2014)). The court noted that the 10-day limit applied to a TRO granted without notice, but that here the injunctive…”
In re T.M.H. (2021)
“There is no such requirement stated in section 11-101 (temporary restraining orders) or 11-102 (preliminary injunctions) of the Code of Civil Procedure (735 ILCS 5/11-101, 11-102 (West 2018)). Paul relies upon Jurco v.”
County of Boone v. Plote Construction, Inc. (2017)
“The court rejected defendants’ suggestion that the injunctive order was subject to the 10-day limit provided in section 11-101 of the Code (735 ILCS 5/11-101 (West 2014)). The court noted that the 10-day limit applied to a TRO granted without notice, but that here the injunctive…”
McHenry County Sheriff v. McHenry County Department of Health (2020)
“One entered without notice and without a hearing is governed by section 11-101 of the Code (735 ILCS 5/11-101 (West 2018)) and is limited to a duration of 10 days.”
Roxana Community Unit School District No. 1 v. WRB Refining (2012)
“) However, it has been settled since before the revision that verification is not required if the defendant receives notice as mandated by the current version of the preliminary-injunction statute. ¶ 20 In this case, defendants, including WRB Refining, were notified that…”
United Legal Foundation v. Department of Revenue (1995)
“(See 735 ILCS 5/11-101 (West 1992)). As such, the circuit court did not go beyond its jurisdiction in granting the injunction.”
In re The Marriage of Eckersall (2014)
“Catherine argues: (i) the trial court lacked jurisdiction to enter the order in the absence of either party filing a motion; (ii) the order violates her right to due process because it was entered without an evidentiary hearing; (ii) the trial court failed to make findings of…”
Davies v. Pasamba (2014)
“The public guardian also filed a temporary restraining order and a preliminary injunction pursuant to section 11-101 of the Code of Civil Procedure (735 ILCS 5/11-101 (West 2010)) to protect Davies’ assets from Carmelita, which the court entered on September 15, 2011, and on…”
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