Restraining Orders

Laws current as of November 18, 2024

What is the legal definition of stalking in Illinois?

Stalking is defined as two or more acts (a course of conduct), directed at a person, workplace, school, or place of worship, where the abuser knows, or should know, that these actions would cause a reasonable person to:

fear for their own safety;
fear for another person’s safety;
fear for the safety of the workplace, school, or place of worship; or
suffer emotional distress.¹

Stalking can include harassment, which means behavior that:

has no reasonable purpose;
would cause a reasonable person emotional distress; and
actually causes emotional distress.¹

The course of conduct could include, but is not limited to, behavior where the abuser, either directly, indirectly, or through others (third parties), does any of the following:

follows, monitors, observes, keeps watch over, or threatens you, a workplace, school, or place of worship;
starts or continues “contact” with you without your consent or after you asked them to stop;
interferes with, damages, or harms your property or pet; or
uses tracking devices or tracking information to find out where you are, where you go, or how you travel.¹

Contact means any interaction with you without your consent. This includes, but is not limited to, the following behaviors:

being physically near you;
being where you can see them;
coming towards you or confronting you, in public or on private property;
showing up at your home or workplace;
going onto or staying on property you own, rent, or are currently on;
leaving or delivering an item to property you own, rent, or occupy;
harassing you through electronic communication, like texts, emails, or social media; and
showing up at a workplace, school, or place of worship where they are not allowed to be.¹

¹ 740 ILCS 21/10

What stalking behaviors are assumed to cause emotional distress?

The law assumes that certain stalking behaviors can cause you emotional distress. Most people would feel significant mental suffering, anxiety, or alarm if someone did these things to them. These behaviors include:

causing a disturbance at your workplace or school;
calling your home or workplace over and over after you or your employer told the person to stop;
following you around in a public place, more than once;
watching or monitoring you time after time by staying outside your home, school, workplace, vehicle, or another place you are at and looking into your windows;
threatening the safety of your minor child or a family member; or
threatening to use physical force against you, or to confine or restrain you, one or more times.¹

If the abuser does any of these things, the law creates a “rebuttable presumption.” This means the judge will automatically assume that the abuser knew, or should have known, that their actions would cause you emotional distress. The abuser must provide evidence to convince the judge otherwise.¹

¹740 ILCS 21/10

What types of stalking no contact orders are there? How long do they last?

There are two types of stalking no contact orders: emergency orders and plenary orders.

Emergency stalking no contact orders: An emergency stalking no contact order can be issued if, after reading your petition and possibly questioning you, the judge believes:

you are the victim of stalking; and
there is “good cause” to grant you immediate protection without notifying the abuser before the hearing (also known as an ex parte hearing) because the abuser would likely harm you if s/he were notified ahead of time.¹

An emergency order will generally last for between 14 and 21 days.²

Note: If you need an emergency order when the court is closed, you can request an emergency order from any available circuit judge or associate judge. There may be one judge in each county who is available to issue an emergency order by phone or fax at any time when the courts are closed.³

Plenary stalking no contact orders: A plenary stalking no contact order can be issued after the abuser receives notice of the court case and both you and the abuser have a chance to appear in court.⁴ A plenary stalking no contact order can last for two years (or any fixed period of time up to two years).⁵

¹ 740 ILCS 21/95(a)
² 740 ILCS 21/105(a)
³ 740 ILCS 21/95(c)
⁴ 740 ILCS 21/100
⁵ 740 ILCS 21/105(b)

What protections can I get in a stalking no contact order?

In a stalking no contact order, the judge can order that the abuser not:

stalk you or threaten to stalk you;
contact you or another person protected in your order;
come within a specified distance of you, your home, school, daycare, work, or another place to which you often go;
buy or possess firearms or a Firearm Owners Identification Card; and
use tracking devices or tracking information to find out where you are, where you go, or how you travel.¹

The judge can also order other things that are needed to protect you or someone else named in your order.¹

Note: If the abuser lives in your home, goes to your school, or works with you, the judge can only order them to stay away from these places after the abuser receives “actual notice” of the case and a chance to appear in court.

¹ 740 ILCS 21/80(b)

Can my child get a stalking no contact order if the person abusing them goes to the same school? Can the judge make the abuser change schools?

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)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Legal Information: Illinois