Illinois Compiled Statutes 740 ILCS 195/20 – Injunctive relief
Current as of: 2024 | Check for updates
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(a) A court in which a suit is brought under this Act, on the motion of a party, may issue a temporary restraining order, emergency order of protection, or preliminary or permanent injunction to restrain and prevent the disclosure or continued disclosure of a person’s personally identifiable information or sensitive personal information. Upon a motion by a party in a civil action brought under this Act, and following a full evidentiary hearing, a court may issue an order pursuant to this Section to prevent the publishing of a person’s personally identifiable information or sensitive personal information if the court finds by clear and convincing evidence each of the following:
(1) the individual to be enjoined published
(1) the individual to be enjoined published
personally identifiable information or sensitive personal information in violation of this Act;
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(2) continued or further publishing of the personally
identifiable information or sensitive personal information poses a present and ongoing risk of death, bodily injury, or stalking to another individual; and
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(3) the individual to be enjoined has no lawful or
constitutional purpose for continued or further publishing of the personally identifiable information or sensitive personal information.
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(b) Any injunctive relief granted under this Section shall state the following with sufficient particularity to allow appellate review:
(1) the required findings in subsection (a) of
Terms Used In Illinois Compiled Statutes 740 ILCS 195/20
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(1) the required findings in subsection (a) of
Section 20 and the evidentiary basis and reasoning for the findings;
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(2) the expiration date of the injunction, which
shall be no more than one year from the date of its entry;
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(3) that the enjoined individual may seek relief from
the injunction, if the court determines, after notice and hearing, that one or more of the required findings in subsection (a) of Section 20 no longer apply; and
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(4) that the person who sought the injunction may
seek an extension of the order of no more than one year if the court determines, after notice and hearing, that the required findings in subsection (a) of Section 20 continue to apply.
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(c) If a person violates any order issued under this Section, the court, in its discretion, may grant any civil remedy under State law.