Restraining Orders

Violating a stalking no contact order can be against the law. The abuser may be violating a stalking no contact order if:

• s/he does anything that your civil no contact order prohibits him/her from doing or if s/he does not do something that is required in the order; and
• s/he did that action or failed to do that action after being served with the no contact order (or having some other way of having knowledge of what the order says).¹

If the abuser tells someone else (a third party) to violate the order, the abuser may be guilty of violating the order.²

If the abuser violates the stalking no contact order, you can call 911 immediately. The abuser could be arrested and prosecuted for violating a stalking no contact order. If the abuser did not have notice of the of the case and an opportunity to appear in court for the hearing, then s/he may be able to use that in court as an excuse (defense) for why s/he violated the order.³

The first violation of a stalking no contact order can be a Class A misdemeanor. A second or subsequent violation can be a Class 4 felony.⁴ The penalty for a Class A misdemeanor is jail time of up to a year and a fine of up to $2,500.⁵ The penalty for a Class 4 felony is jail time for between one and three years and a fine to be decided by the judge.⁶

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ 720 ILCS 5/12-3.9(a)
² 720 ILCS 5/12-3.9(d)
³ 720 ILCS 5/12-3.9(a-5)
⁴ 720 ILCS 5/12-3.9(e)
⁵ 730 ILCS 5/5-4.5-55
⁶ 730 ILCS 5/5-4.5-45