No relief by ne exeat shall be granted but upon complaint or petition filed, and affidavit to the truth of the allegation therein contained. Upon the granting of such relief the court shall enter an order stating in what penalty bond and security shall be required of the defendant or respondent. The court shall also require the plaintiff or petitioner, before a certified copy of the ne exeat order is issued by the clerk, bond with good and sufficient surety, in such sum as the court shall deem proper, conditioned that the plaintiff or petitioner will prosecute the complaint or petition with effect, and will reimburse to the defendant or respondent such damages and costs as shall be wrongfully sustained by occasion of the granting of the relief by ne exeat. If any defendant or respondent to any such relief by ne exeat is damaged, he or she may bring an action on such bond; and, if, on trial, it is determined by the court that such relief by ne exeat was applied for without just cause, the person affected shall recover damages, to be assessed as in other cases on penal bonds.
16-104.Complaint or petition - Bond.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a verified complaint or petition before ne exeat relief can be granted, and requires both the defendant and the plaintiff to post bond -- the defendant's conditioned on not leaving the state and answering any judgment, the plaintiff's to cover damages if the writ was wrongfully sought.
Full Text of 735 ILCS 5/16-104
Plain-English Summary
Because ne exeat restrains a person's liberty to leave the state, Section 16-104 surrounds it with procedural safeguards. Relief cannot be granted without a complaint or petition on file, supported by an affidavit swearing to the truth of its allegations.
Once the court grants relief, it must set the amount of bond and security required from the defendant or respondent. But the safeguards cut both ways: before the clerk issues a certified copy of the ne exeat order, the plaintiff or petitioner must also post bond with sufficient surety, conditioned on prosecuting the case and reimbursing the defendant for damages and costs wrongfully sustained because of the writ.
If a defendant is damaged by relief that turns out to have been sought without just cause, this section gives them a remedy: an action on the plaintiff's bond, with damages assessed as in other cases involving penal bonds. The structure balances the claimant's need for security against the real risk that ne exeat, if misused, restrains someone's freedom of movement without justification.
Frequently Asked Questions
What must a plaintiff file before a court can grant ne exeat relief?
A complaint or petition, along with an affidavit swearing to the truth of the allegations in it.
What does the court set once it grants ne exeat relief?
The penalty amount for the bond and security required of the defendant or respondent.
Does the plaintiff have to post a bond too?
Yes. Before the clerk issues a certified copy of the ne exeat order, the plaintiff or petitioner must post bond with sufficient surety, conditioned on prosecuting the case and covering the defendant's damages if the writ was wrongfully sought.
What can a defendant do if ne exeat relief was sought without just cause?
They may bring an action on the plaintiff's bond, and if the court finds the relief was applied for without just cause, the defendant can recover damages assessed as in other penal bond cases.
Why does the law require bonds from both sides in a ne exeat case?
The defendant's bond is conditioned on not leaving the state without the court's leave and on appearing to answer any judgment, while the plaintiff's bond protects the defendant against harm from a restraint later found unjustified — balancing the interests of both parties given the liberty interest at stake.
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: ne exeat bond illinoisne exeat complaint requirementsne exeat affidavit illinoiswrongful ne exeat damages