Nothing contained in Section 16-109 of this Act shall prevent the court from proceeding at any time to determine whether the order for ne exeat ought not to be vacated.
16-110.Vacating order.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceConfirms that a court may still decide, at any time, whether a ne exeat order should be vacated, regardless of the stay described in Section 16-109.
Full Text of 735 ILCS 5/16-110
Plain-English Summary
Section 16-109 can stay a ne exeat proceeding when the underlying obligation isn't due yet. Section 16-110 makes sure that stay doesn't freeze the defendant's ability to challenge the order itself: nothing in Section 16-109 prevents the court from proceeding, at any time, to decide whether the ne exeat order ought to be vacated.
This matters because a stay on the merits shouldn't leave a restrained party stuck indefinitely with no way to test whether the restraint was appropriate in the first place. Section 16-110 keeps that avenue open regardless of where the underlying claim stands.
Frequently Asked Questions
Can a ne exeat order be vacated while the main proceeding is stayed?
Yes. Section 16-110 says nothing in Section 16-109 prevents the court from deciding at any time whether the order should be vacated.
Why is this section necessary given Section 16-109's stay?
Without it, a stay pending the maturity of the underlying obligation might be read to also freeze any challenge to the restraint itself; this section keeps that challenge available.
Who can ask the court to vacate a ne exeat order?
The section doesn't specify a particular party, but a restrained defendant is the party with the clearest interest in seeking to vacate the order.
Is there a time limit on seeking to vacate a ne exeat order?
No. Section 16-110 says the court may proceed to determine the question at any time.
Does vacating the order end the underlying claim too?
No. Vacating the ne exeat order addresses the restraint itself; the underlying debt or claim is a separate matter governed by the rest of Article XVI.
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: vacating ne exeat order illinoischallenging ne exeat restraintne exeat order review illinois