Anderson & Boback Logo

What is a Financial Temporary Restraining Order?

Published
Categorized as Illinois Divorce, Property Division

Most people think restraining orders are orders of protection that protect you from being abused by someone else.  While there are restraining orders that have this effect, you can also request a restraining order in a divorce proceeding to prevent a spouse from transferring or spending money during the duration of the proceedings.

 

To obtain a temporary restraining order against your spouse or ex-spouse, you must prove that: 1) there is a clearly ascertainable right that needs protection, 2) without the restraining order, there would be irreparable harm to you or your children,  there is no other adequate remedy at law besides a restraining order that can help you, and 4) the balance of hardships are in your favor and that your spouse or ex-spouse will not be harmed as a result of the restraining order.

 

In a situation where your spouse or ex-spouse has complete control over an asset, a temporary restraining order will restrain and enjoin your spouse or ex-spouse from transferring, encumbering, concealing, borrowing against, destroying, or otherwise disposing of the funds until a final adjudication in the matter.  It is important to obtain this restraining order on time, however, as it is likely too late if your spouse or ex-spouse has already moved or spent the funds.  If necessary, file the motion as an emergency.

 

A temporary restraining order can only be issued for 10 days however.  After 10 days, the Court will hold a hearing to determine if a longer restraining order is necessary.  Your spouse or ex-spouse should receive notice of this motion, and the motion should be very detailed so that the judge can properly rule before taking such extreme measures.

 

If you are the spouse or ex-spouse who has had a temporary restraining order entered against you, you have the right, upon 2 days notice, to seek a re-hearing on the motion and seek that the injunction/restraining order be removed.  It is critical, however, that you abide by the terms of the order so that you have not violated the terms of the restraining order before a judge modifies or reverses the order.  Any violation could be detrimental to you and could expose you to sanctions.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870