DuPage County Temporary Restraining Orders and Injunctive Relief Lawyers
Skilled Representation for Emergency Matters in Illinois
When business disputes arise, they can often be settled under a standard timetable either through negotiation, alternative dispute resolution or commercial litigation. However, when the dispute poses an immediate threat to the operation of the company and/or the security of its officers, temporary restraining orders, preliminary injunctions, or similar emergency measures may need to be taken. If your business is in need of a temporary restraining order or injunctive relief, or you have been served notice of either being filed against you or your business, you need the counsel of a skilled commercial and civil litigation lawyer.
At Momkus McCluskey LLC, our attorneys have in-depth knowledge of business law and civil litigation matters. Our team also has extensive experience both prosecuting and defending against motions for temporary restraining orders and injunctive relief. These often involve issues such as landlord-tenant disputes, non-compete agreements, employment disputes, restrictive covenants, contract disputes, partnership and shareholder disputes, and other related business disputes.
We put our experience to work to aggressively represent clients in emergency matters that require immediate intervention by the state or federal courts. Our team is responsive and dedicated to protecting the interests of each client we serve. In addition, we work closely with our clients to develop the most practical and effective solution to meet their needs.
Temporary Restraining Orders
A temporary restraining order (TRO) is typically the first step when emergency litigation is required. It is an emergency court order designed to address an immediate threat of irreparable harm. The TRO prevents a party from taking actions that may cause harm or injury to the plaintiff. TROs can be requested without notifying the opposing party if such notification further endangers the interests of the plaintiff. In Illinois, temporary restraining orders are typically valid for only 10 days or until a hearing can be scheduled for a preliminary injunction.
Preliminary injunctions can accomplish the same goals as a TRO on a more permanent basis. Unlike a TRO, a preliminary injunction stays in effect until it is revoked by the court. Another difference is preliminary injunctions cannot be issued without notifying the adverse party. To be granted injunctive relief, the plaintiff must meet a higher standard before the court than with a TRO. The following must be established:
- The plaintiff has a clear and ascertainable interest or right that is threatened;
- Without relief, the plaintiff would suffer irreparable harm or injury;
- The harm caused to the plaintiff is greater than any harm caused to the adverse party if the injunction is granted;
- There is no other legal remedy available to gain the appropriate relief; and
- There is a strong likelihood the plaintiff will prevail on the merits of the lawsuit.
If you need immediate assistance with temporary restraining orders and injunctive relief in Illinois, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide counsel and advice from our team of skilled civil and commercial litigation attorneys in DuPage County, Chicago, Cook County, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.