In all cases where a temporary restraining order or a preliminary injunction is dissolved by the circuit court or by the reviewing court, the circuit court, after the dissolution of the temporary restraining order or preliminary injunction, and before finally disposing of the action shall, upon the party claiming damages by reason of such temporary restraining order or preliminary injunction, filing a petition under oath setting forth the nature and amount of damages suffered, determine and enter judgment in favor of the party who was injured by such temporary restraining order or preliminary injunction for the damages which the party suffered as a result thereof, which judgment may be enforced as other judgments for the payment of money. However, a failure so to assess damages as hereinabove set out shall not operate as a bar to an action upon the injunction bond.
11-110.Assessing damages.
Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires the circuit court, once a TRO or preliminary injunction is dissolved, to assess and enter judgment on any damages the wrongfully restrained party proves it suffered, before the case is finally disposed of.
Full Text of 735 ILCS 5/11-110
Plain-English Summary
Section 11-110 closes the loop on what happens after an injunction turns out to have been wrong. When a temporary restraining order or preliminary injunction is dissolved -- whether by the circuit court or by a reviewing court on appeal -- the circuit court must, after the dissolution and before finally disposing of the case, determine and enter judgment for any damages the injured party suffered because of that TRO or preliminary injunction. The party claiming those damages triggers this process by filing a petition under oath setting out the nature and amount of the damages suffered.
Once entered, that judgment can be enforced like any other money judgment. The statute also protects a party who was not able to get damages assessed this way: a failure to assess damages under this section does not bar a separate action on the injunction bond required under Section 11-103. The damages remedy under this section and an action on the bond are not mutually exclusive escape routes -- missing one does not close off the other.
Frequently Asked Questions
What happens after a TRO or preliminary injunction is dissolved in Illinois?
Section 11-110 requires the circuit court, after the dissolution and before finally disposing of the action, to determine and enter judgment for damages suffered by the party who was wrongfully restrained, once that party files a sworn petition setting out the damages.
How does a party ask for damages after a wrongful injunction is dissolved?
The party claiming damages files a petition under oath setting forth the nature and amount of the damages suffered as a result of the TRO or preliminary injunction.
Can this damages judgment be enforced the same way as other judgments?
Yes. Section 11-110 states that the judgment entered for damages may be enforced as other judgments for the payment of money.
If the court never assesses damages under this section, can the injured party still recover on the injunction bond?
Yes. The statute specifically states that a failure to assess damages under this section does not bar a later action on the injunction bond.
Does this section apply if the injunction is dissolved on appeal rather than by the trial court?
Yes. The section applies whether the TRO or preliminary injunction is dissolved by the circuit court or by the reviewing court, with the circuit court handling the damages determination in either case.
Amendment History
(Source: P.A. 82-280.)
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: damages for wrongful injunction illinoisinjunction bond claim illinoisassess damages dissolved TROwrongful injunction damages petition illinois