Órdenes de Restricción

The judge can give a stalking no contact order even if your child and the abuser attend the same public or private elementary, middle, or high school. However, before deciding to give the order, the judge must consider several things. The judge will look at:

• how serious the stalking or abuse is;
• whether your child is still in physical danger or feeling emotional distress;
• both students’ educational rights under federal and state law;
• whether a transfer is available so the abuser can go to another school; and
• how expensive, hard, and educationally disruptive it would be for the abuser to change schools.¹

After looking at these things, the judge may decide to:

• order the abuser to leave your child’s school and follow a new school placement or program set by the school administration; or
• allow the abuser to stay at the same school but restrict where they can go and what they can do at the school.¹

Note: If the abuser does not want to switch schools, it is up to them to prove that the option to transfer isn’t available, or that it’s too expensive, hard, and disruptive to their education.¹ If the judge orders them to transfer, the abuser’s parents, guardians, or legal custodians must pay for transportation and any other costs to change schools.²

¹ 740 ILCS 21/80(b-5)
² 740 ILCS 21/80(b-6)