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A plaintiff cannot be granted an ex parte temporary restraining that implicates the Fifth Amendment privilege against self-incrimination. The defendant cannot be forces to refuse to provide the information that the proposed order, on pain of contempt, purports to require. As at least one court has recognized, such an order is inconsistent with an individual's constitutional right to refuse to produce self-incriminating information. See Suppressed v. Suppressed, 109 F. Supp. 2d 902, 905 (N.D. Ill. 2000). When confronted with a court order compelling the disclosure of information, an ordinary citizen may not understand that he or she may remain silent. See id. (noting that, despite advice to the contrary, ordinary citizen may not understand that he may refuse to disclose information despite court order compelling him to do so).
