Temporary Restraining Orders/Preliminary Injunctions

Protecting Property and Money During Your Divorce Case

In the beginning stages of a divorce case, one spouse might try and move property and money in an attempt to hide these from the other spouse. If you fear that your spouse will liquidate financial accounts or transfer property, then it is imperative that you work with a seasoned lawyer. The attorneys at Taradash Given, P.C. have the knowledge and experience to help safe guard your money and property.

What is an Injunction?

Simply put, an injunction is an Order requiring your spouse to either do something or refrain from doing something. Temporary restraining orders and/or a preliminary injunction may restrain the transfer of property; enjoin your spouse from removing your child from the jurisdiction of the court; enjoin your spouse from interfering with your personal liberty; or provide other injunctive relief.

Requirements for an Injunction

Basically, there are four elements you must prove in order to obtain a preliminary injunction. First, you must show that you have a clearly ascertainable right which needs protection. Second, you must show that you will suffer irreparable harm if you don’t get the injunction. Third, you must establish that there is no adequate remedy at law for the injury. And fourth, you will have to show that you will likely be successful on the merits.

How do I get an Injunction?

In order to get an injunction, you have to file a Petition with the court. You must also attach an affidavit to your Petition. Be sure that you properly plead your Petition. The Petition must be based on facts and not conclusions. Your Petition also cannot be based on a “fear” that your spouse will cause you injury. This will not satisfy the requirement of showing the judge that without the injunction, you will suffer irreparable harm. Additionally, your judge will probably not grant an injunction based on a threat. You will have to show proof that the threatened act will be committed by your spouse. Lastly, you will have to show your judge that the perceived threat or harm cannot be protected with a less severe measure.

If the facts support it, you can obtain an injunction without providing notice to your spouse. You must prove that irreparable injury will occur if you provide notice to your spouse or if he/she is granted time to respond to your Petition.

Property Injunctions

During a divorce, your judge will seek to maintain the status quo. This can be accomplished by enjoining the transfer of property. This will also allow your judge to maintain jurisdiction over the property so that he/she can properly allocate the marital property between you and your spouse. Property injunctions cannot enjoin transfers of property for the basic necessities of life or in the ordinary and usual course of business.

Need to Protect Your Assets?

If you believe that you need an order during your divorce case enjoining your spouse from transferring or hiding money and/or property, then it is imperative that you work with a lawyer who knows how to protect your assets. At Taradash Given, P.C., we have the experience and knowledge necessary to ensure that your spouse does not transfer property or liquidate assets. Please contact us online or call us at (312) 775-1020 for a free, no hassle consultation. You have nothing to lose and everything to gain.

Not Happy With Your Attorney?

It happens every day. Clients going through a divorce, or any family law matter, change lawyers during their case. It’s simply a fact of life. Sometimes the lawyer just doesn’t get the intricacies of divorce court or, perhaps, the client and the lawyer just don’t get along.

Frequently Asked Questions

When going through a divorce, most people don’t know what to expect. From the length of the divorce to the cost and everything in between, there are many unknowns. Relax. This is why it is important to have a seasoned Chicago divorce lawyer representing you.

Client Reviews

Excellent lawyer and a good human being - He was fast, he was empathetic, he was sure about what he was doing, got me my divorce very quickly while I was stuck with another lawyer for 6 months. Very courteous and doesn't try to bluff you.


Dean helped me through one of the worst times of my life. I married my best friend and we had three kids together. After things began to turn for the worst she sought a divorce and began threatening to withhold my children from me. She then kicked me out of our home. This became a nasty divorce and...


In addition to knowing his stuff, Dean was very supportive during a process that was emotionally difficult. He listened and helped me every step of the way in the divorce process. Dean was very responsive and everything was handled very professionally. Highly recommend.

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By far this is the best experience I’ve had! They were considerate of my feelings and misfortune due to my injuries! They always got back to me on the progress of my claim! I would recommend them highly if your looking for a good legal team! Thank you Steve for all your hard work and what you did...

Kimberly W.

I want to express my appreciation for the exceptional work done by Morgan at Taradash Given P.C. She worked day and night negotiating with my former spouse and was a true advocate. Her commitment and dedication to my case did not go unnoticed and I am very grateful for her efforts. Additionally...

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