English
EspañolWho can file a stalking no contact order?
You can file for a stalking no contact order if you are:
- a victim of stalking;
- filing for a child who is being stalked;
- filing for an adult who is being stalked and cannot file on their own because of age, disability, health problems, or because they cannot get to court (inaccessibility);
- an “authorized agent,” allowed to act for a place of employment, place of worship, or school;
- a stalking victim who is in the Illinois National Guard or a military reserve unit serving in Illinois and already has a military protective order (MPO); or
- the Staff Judge Advocate of the Illinois National Guard or a military reserve unit serving in Illinois, filing for a stalking victim who already has an MPO. The stalking victim must agree (consent).1
Note: You can only get a stalking no contact order if you don’t qualify for a domestic violence order of protection. If you can get a domestic violence order of protection, file for that order instead.
Note: To see how Illinois defines “stalking” for getting a no contact order, go to What is the legal definition of stalking in Illinois?
1 740 ILCS 21/15; 21/10
Where can I file for a stalking no contact order?
You can file for a stalking no contact order in the circuit court in the county where you live, the county where the abuser lives, or the county where any of the acts of stalking occurred.1
1 740 ILCS 21/55
What are the steps for getting a stalking no contact order?
The steps for getting a stalking no contact order are similar to the steps involved with obtaining a domestic violence order of protection. Be sure to tell the clerk you need the forms to file for a stalking no contact order. See our IL Download Court Forms page for a list of forms that you might need.
Can a stalking no contact order be extended?
The judge can extend your emergency or plenary stalking no contact order one or more times if you file a motion requesting the extension. The abuser would be served with a copy of your motion and have the chance to object at a hearing. However, if the abuser does not object, and you are asking the judge for an extension of the order (but you are not asking the judge to change any terms of the order), the judge can extend the order based on the reasons that you state in your motion without the need for you to testify at a hearing.1
1 740 ILCS 21/105(c)
What can I do if the abuser violates the order?
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
