Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSets the rules for a temporary restraining order issued without notice to the other side: the applicant must show specific facts of irreparable injury, the order must state its reasons and expire within 10 days unless extended, and a stalled preliminary-injunction motion forces dissolution.
Full Text of 735 ILCS 5/11-101
Text size
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.
Plain-English Summary
Section 11-101 governs the narrowest and most urgent form of injunctive relief: a temporary restraining order granted before the opposing party has had any chance to respond. Because an ex parte order asks a court to act on one side's story alone, the statute builds in guardrails. The applicant must show, by affidavit or verified complaint, specific facts establishing that immediate and irreparable injury will occur before notice can be given and a hearing held. A judge cannot grant the order on a lawyer's say-so; the record has to contain sworn, particular facts.
The order itself carries built-in accountability. It must be marked with the exact date and hour it was signed, filed with the clerk right away, and it must explain on its face what injury it prevents, why that injury is irreparable, and why no notice was given. None of that can be left to inference from the complaint. The order then expires on its own terms within 10 days unless the court extends it for a like period for good cause, or unless the restrained party agrees to a longer extension. Any extension requires the court to write down its reasons.
Because a TRO is meant to hold the situation in place only until both sides can be heard, the statute forces the case toward that hearing. Once a TRO issues without notice, the motion for a preliminary injunction must be set for the earliest possible hearing, ahead of everything except older matters of the same kind. If the party who obtained the TRO does not press forward with that motion when it comes up, the court must dissolve the order. The adverse party also gets its own fast track: on two days' notice (or less, if the court allows), it can move to dissolve or modify the TRO, and the court must decide that motion as quickly as justice requires.
The section closes with requirements that apply to every injunction and restraining order, not just ex parte ones: the order must state its reasons, be specific, describe the restrained conduct in the order itself rather than by pointing to the complaint, and it binds only the parties, their officers, agents, employees, and attorneys, plus anyone acting with them who has actual notice of the order.
Frequently Asked Questions
What must someone show to get a TRO in Illinois without notifying the other side?
Section 11-101 requires specific facts, shown by affidavit or verified complaint, establishing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing held. General assertions are not enough; the facts have to be specific.
How long does an Illinois TRO issued without notice last?
It expires by its own terms within a time the court sets, not to exceed 10 days, unless the court extends it for a like period for good cause or the restrained party consents to a longer extension. Any extension's reasons must be stated in the written order.
What happens if the party who got the TRO does not pursue a preliminary injunction?
The statute requires the preliminary-injunction motion to be set for the earliest possible hearing once an ex parte TRO issues. If the party who obtained the TRO fails to proceed with that motion when it is called, the court must dissolve the TRO.
Can the party restrained by an Illinois TRO ask the court to lift it quickly?
Yes. On two days' notice to the party who obtained the TRO -- or on shorter notice the court allows -- the adverse party may appear and move to dissolve or modify it, and the court must hear and decide that motion as expeditiously as the ends of justice require.
What must every injunction order in Illinois state, beyond the TRO-specific requirements?
Every order granting an injunction or restraining order must set forth its reasons, be specific in its terms, describe the restrained acts in reasonable detail within the order itself, and it binds only the parties, their officers, agents, employees, and attorneys, and others who act in concert with them with actual notice of the order.
Amendment History
(Source: P.A. 84-554.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:TROtemporary restraining order illinoisillinois TRO requirementsex parte restraining order illinoishow long does a TRO last in illinoisemergency injunction illinoismotion to dissolve TRO