An Overview Of Stalking/No Contact Orders in Illinois

In Illinois, victims of stalking or harassment can seek legal protection through Stalking No Contact Orders (SNCO), governed by the Illinois Stalking No Contact Order Act, 740 ILCS 21/1, et. seq. These orders provide victims with remedies to prevent further contact and harassment by the perpetrator. Here’s an overview of the statutory language, eligibility, and process for obtaining such an order.

740 ILCS 21/10 contains important definitions to guide us on what qualifies as stalking.

• Course of Conduct: Two or more acts directed at or toward a specific person, including following, monitoring, observing, threatening, or interfering with the person’s property.
• Contact: Includes unwanted communication by any means (in person, phone, email, etc.), which can cause the victim to fear for their safety or suffer emotional distress.
• Threat: A statement or action that causes a reasonable person to fear for their safety or the safety of others.

Unlike an Order of Protection, anyone who has been a victim of stalking can seek a Stalking No Contact Order. The petitioner does not need to have a relationship with the respondent (e.g., it is not restricted to family or household members). This allows broader protection, including for cases of stalking by strangers, acquaintances, or former partners.

A Stalking No Contact Order can:

• Prohibit the respondent from contacting or stalking the petitioner.
• Bar the respondent from approaching the petitioner’s residence, school, workplace, or other specified locations.
• Forbid the respondent from possessing firearms.
• Provide any other relief deemed necessary to ensure the petitioner’s safety.

The scope of relief is detailed in 740 ILCS 21/80 and can include temporary or long-term protections.

Process for Obtaining a Stalking No Contact Order

• Filing a Petition: The process begins by filing a petition in the circuit court. Forms are generally available from the local courthouse or online, and assistance may be available from advocates or attorneys.
• Emergency Order: The petitioner can request an Emergency Stalking No Contact Order without notifying the respondent. This can be granted if the court believes there is an immediate danger of harm. An emergency order lasts up to 21 days, after which a full hearing is scheduled.
• Plenary Order: After the initial emergency order or if no emergency order is issued, the court will schedule a hearing for a Plenary Stalking No Contact Order. At this hearing, both parties have the opportunity to present their case. If granted, a plenary order can last up to two years and can be renewed if appropriate.
• Court Hearing: During the hearing, the petitioner must show evidence of stalking or harassment. This could include witness testimony, records of communication, photographs, or police reports. The respondent will have the chance to present their defense.
• Issuance of Order: If the court finds sufficient evidence of stalking, it will issue the Stalking No Contact Order. Violating this order is a criminal offense, and law enforcement will enforce it accordingly.

The Illinois Stalking No Contact Order Act provides broad protections to victims, and violations of an SNCO can result in serious legal consequences for the respondent, including criminal charges. This law allows victims to seek justice and protection swiftly, without needing to wait for further harm to occur. Stalking and harassment can have serious and long-lasting effects on victims, making legal protection a crucial step. The Illinois Stalking No Contact Order offers essential protections for those facing such threats.

If you need help obtaining a Stalking No Contact Order or navigating the legal process, the team at January Family Law, LLC is here to provide experienced guidance and support.

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