Preliminary Injunction from Withdrawing Funds Because Status Quo Needed to Be Maintained
In In re Marriage of Petersen, 319 Ill. App. 3d 325, 336-37, 744 N.E.2d 877, 253 Ill. Dec. 144 (2001), the Appellate Court, First District, affirmed a preliminary injunction enjoining a husband from withdrawing funds from the parties' retirement accounts. See Petersen, 319 Ill. App. 3d at 337.
The Petersen court reasoned that the status quo needed to be maintained to prevent the "dissipation or destruction of the property in question." Petersen, 319 Ill. App. 3d at 337.
A legal remedy is inadequate where damages are difficult to calculate at the time of hearing. Joerger, 221 Ill. App. 3d at 406.
At this stage in the proceedings, how Jeff's actions would affect the marital estate is unknown.
The status quo to be maintained by a preliminary injunction here is the prevention of dissipation or destruction of the property in question.
Thus, the trial court erred by dismissing the petition without an evidentiary hearing. See Petersen, 319 Ill. App. 3d at 336-37.