Restraining Orders

In a civil no contact order, the judge can order that the abuser:

• stay a certain distance away from you, your residence, school, daycare, or another location;
• stay away from any property or animal you own, have in your possession or lease and order the abuser not to take,restrict use (encumber), conceal, harm, or dispose of your property or animal;
• not have any contact with you directly, indirectly, or through another person (a “third party”), including electronic communication via email, instant message, text message, voicemail, etc.; and
• not do any other actions that the judge believes are necessary for your protection.¹

Note: It does not matter if the the third party who contacts you knows about the order or not.²

If you and the abuser attend the same public or private elementary, middle, or high school, the judge must consider the following additional factors:

• how serious the abuser’s behavior is;
• any continuing physical danger or emotional distress to you;
• your and the abuser’s educational rights under federal and state law; and
• the expense, difficulty and educational disruption that would be caused by transferring the abuser to another school (since the judge can order that the abuser not attend your school.) The abuser will have an opportunity to try to prove that transferring or changing schools or programs is not an available option for him/her. If the abuser is ordered to change schools or transfer programs, the abuser’s parent(s), guardian(s), or legal custodian(s) are responsible for his/her transportation and other costs of changing schools.³

Note: The judge can also order that the parent(s), guardian(s), or legal custodian(s) of a minor who has a civil no contact order issued against him/her take certain actions or not engage in certain actions to make sure that the abuser obeys the order.⁴

¹ 740 ILCS 22/213(b-5); 720 ILCS 5/26.5-0.1
² 740 ILCS 22/213(b-5)(2)
³ 740 ILCS 22/213(b-6)
⁴ 740 ILCS 22/213(b-7)