by Attorney Eric D. PuryearIn Illinois and Iowa custody cases, the court has the authority to issue in emergency injunction to prevent harm to a child. This article discusses injunctions in the Illinois Circuit Court and Iowa District Court.
An injunction is a court order that prohibits a person from doing something, or makes a person do something. Examples of injunctions in custody cases include the following type of court orders:
- Return a child to a parent or other caregiver
- Refrain from taking a child from a parent or other caregiver
- Give a child’s medicine or other personal property to a parent
- Not allow a person (e.g. an abusive boyfriend or girlfriend) to be around a child
- Not hit or otherwise abuse a child
- Not take a child out of the State, County, or even City
- Refrain from hiding or concealing a child
- Not take a child out of school or daycare
The process of obtaining an emergency injunction in Iowa or Illinois involves preparing the proper legal documents and evidence to support the need for an injunction, and presenting the request to the court. Since emergency injunctions are sought without notice to the other side, the court will carefully scrutinize the request, as the court does not wish to grant an injunction when a party is making up the accusations as part of a means of harassing the other side. For that reason, it is important to work with one’s attorney to ensure all the evidence is obtained and presented in the proper way, so that the court see the injunction request in the most favorable light possible.
When emergency injunctions are granted, the court will schedule a further court date at which the court will review the situation and give both sides a chance to be heard as to whether the injunction should continue or be dissolved.
Injunctions can be powerful tools to prevent harm in an Illinois or Iowa custody case. However, they can be difficult to obtain at times, and can have long-lasting effects upon the outcome of the case. For that reason, a person who is considering seeking an injunction or who has had an injunction filed against them should seek an attorney.