NOTE: The article below was refreshed to underline several important changes to stalking no contact orders in Illinois that occurred on January 1, 2019. That is when Public Act 100-1000 took effect and modified the definition of contact with a victim to specifically provide for workplaces, schools, and places of worship.

Illinois Law

Illinois law allows an individual to seek a restraining order against someone else in certain situations. Back in 2010, state lawmakers in Springfield passed a bill creating a Stalking no contact order.

The restraining orders available under this statute differ from both orders of Protection and sexual assault civil no contact orders.

An order of protection is intended for situations where the victim and perpetrator had a relationship, such as a romantic relationship or familial relationship. Whereas, a sexual assault no contact order is intended for victims of sex crimes.

State legislators changed the law, because these two forms of restraining orders did nothing to protect people who are the victims of stalking. For instance, a person who is the victim of stalking may not qualify as a family or household member under the order of protection statute. And they may not qualify for a sexual assault no contact order, because no sex crime was committed against them.

The procedure for obtaining a stalking no contact order is found under 740 ILCS 21/. Just as with an order of protection; the person seeking a restraining order has to file a petition in court. This person is called the petitioner, and the individual against whom they are seeking a restraining order is called the Respondent. The person seeking the stalking no contact order will be heard by judge will determine whether to grant a remedy. There is no cost for filing this type of petition.

Starting in 2019, Public Act 100-1000 also changed the definition of contact with the victim, which is a required consideration in stalking cases. With this act, Illinois law now contains specific provisions that relate to contact with a victim that occurs at a workplace, school, or place of worship.

Emergency ILCS Stalking No Contact Order

If the judge determines that there is enough evidence to issue an emergency order, a sheriff’s deputy will serve the respondent with the order. The emergency order will last from 14 to 21 days. Any contact between respondent and the petitioner during this time could constitute a crime.

Anyone who is the victim of stalking is entitled to seek an order from court.

The term “stalking” is described as follows:

“”Stalking” means engaging in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress.”

740 ILCS 21/1.

Additionally, a “reasonable person” is defined as a person in the petitioner’s circumstances with the petitioner’s knowledge of the respondent and the respondent’s prior acts. See id.

Once service of the emergency ILCS stalking no contact order has been effectuated, the respondent is entitled to a hearing. The respondent has an opportunity to mount a defense in court by presenting evidence, including witness testimony and exhibits.

The petitioner can seek several remedies from the judge, such as:

• Prohibit the respondent from committing or threatening stalking.
• Order the respondent to have no contact with the victim.
• Prohibit the respondent from coming near the victim’s home, school, place of employment or other places frequented by the victim.
• Prohibit the respondent from possessing any firearms or firearm ammunition and also require the respondent to surrender a Firearm Owner Identification Card (FOID). If not willfully surrendered, the state may revoke FOID card for Order of Protection.
• Issue an injunction preventing the respondent from engaging in certain conduct.

After the hearing, if the judge determines that it is appropriate to enter a restraining order against the petitioner, the court will enter a plenary order. A plenary order that prohibits stalking and contact by the respondent can last for up to two years.

If the respondent makes contact with the petitioner in violation of this order, including through a third-party source, the respondent can be prosecuted.

The law is problematic in that it costs nothing to file petition for a stalking no contact order. While state lawmakers had the best of intentions in creating this law, they should have anticipated that it would be used much like a petition for an order of protection.

Illinois petitions for orders of protection have been abused and misused by people seeking to get the upper hand in a divorce or child custody dispute for years. In fact, while the intent of the legislature in creating an order of protection was to prevent abuse and harassment, it may have actually created a separate means of abuse and harassment.

The second problem with the stalking no contact order is that this is a free country. People are free to express their opinions, even if others find them to be offensive. An individual has a right to free speech, including the right to engage another in discourse. The First Amendment to the Constitution provides that government shall make no laws infringing upon freedom of speech or assembly.

Stalking No Contact Order

The Illinois legislature knew this when drafting the bill for the stalking no contact order. And so, they included the following language to protect free speech:

“Stalking does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.”

There is a potential problem with the foregoing exemption from the stalking no contact order. Sometimes, the court may be reluctant to deny petitioners protection under the law for fear that they may later become the victims of crime.

Anyone who is served with a petition and or an emergency order prohibiting stalking should seek the advice of counsel. Visit our Civil No Contact Order: Illinois | Violations & Penalties to understand what qualifies as a violation and the penalties it may bring.