Overview

An Emergency Stalking No Contact Order (E-SNCO) is a temporary civil order issued by an Illinois court to protect individuals facing immediate danger from stalking behaviors. Authorized by 740 ILCS 21/95, it provides swift, ex parte relief—meaning the respondent does not need to be present or notified beforehand—when the petitioner demonstrates that stalking has occurred and further harm is likely without prompt intervention. The order may prohibit any form of contact or communication, restrict proximity to the petitioner’s home, school, or workplace, and prevent digital or third-party approaches.

An emergency order typically lasts for 14 to 21 days until a plenary (long-term) hearing can occur under §100. Courts may extend the duration if service or scheduling issues arise. The relief can include stay-away zones, bans on surveillance, and protection for family or household members who share risk exposure. Violating an E-SNCO is a criminal offense under 720 ILCS 5/12-3.9, subjecting the respondent to arrest and prosecution.

Because stalking often escalates quickly, Illinois law permits judges to review petitions the same day they are filed. Petitioners may file in any county where either party resides or where acts of stalking occurred (§55). No filing fee or prior police report is required. Courts use standardized statewide forms, ensuring access even for self-represented individuals. An emergency order bridges the period of highest danger before full hearing and service, providing immediate, enforceable protection recognized statewide through the Law Enforcement Agencies Data System (LEADS).

Who Can Apply for an Emergency Stalking No Contact Order

Any person in Illinois subjected to a “course of conduct” that would cause a reasonable person to fear for safety or suffer emotional distress may petition for an emergency order, regardless of any domestic or familial relationship. This makes the E-SNCO distinct from domestic-violence orders. Minors may apply through a parent, guardian, or an authorized representative, and adults unable to file because of disability or hospitalization may authorize others under 740 ILCS 21/15. Victims can also request protection for immediate family members or roommates exposed to the same stalking behavior.

Petitions are filed in the Circuit Court clerk’s office, typically in the Civil Orders Division. The petitioner completes the Illinois approved forms from Illinois Courts — Stalking No Contact Order Forms and may appear before a judge the same day for review. Judges examine the sworn petition, possibly ask clarifying questions, and if statutory conditions are met, issue the order immediately without notifying the respondent first. Law enforcement serves the respondent afterward, and the order takes effect statewide once entered into LEADS.

Benefits of an Emergency Stalking No Contact Order

• Immediate Relief: Protection can begin the same day, shielding victims before further harm occurs.
• Ex Parte Process: No prior notice to the respondent reduces risk during acute escalation.
• Wide Scope of Protection: Includes physical distance, electronic and third-party contact bans, and tailored geographic zones.
• Statewide Enforceability: Once entered in LEADS, any Illinois law enforcement agency can verify and act.
• No Cost: There are no filing or service fees; forms are freely available and written in plain language.
• Bridge to Long-Term Relief: Serves until the plenary hearing under §100, maintaining continuous safety.

Step 1: Assess Immediate Danger and Document the Stalking Pattern

The first step toward an Emergency Stalking No Contact Order is assessing whether your situation meets the statutory definition of stalking and gathering immediate evidence. Illinois law (740 ILCS 21/10) defines stalking as a “course of conduct” involving at least two acts of non-consensual contact that would cause a reasonable person to fear for their safety or suffer emotional distress. Examples include following, surveillance, appearing at home or work, sending unwanted messages or gifts, or contacting friends to obtain information about you.

Document every incident: dates, times, locations, communications, and witnesses. Save screenshots of text messages, emails, or social-media posts. Take photos of vehicles, notes, or gifts left for you. A concise incident log—ideally chronological—helps a judge understand the pattern. Describe not only what the respondent did but how those actions affected your sense of safety or well-being. These details make your sworn petition stronger because emergency relief depends on demonstrating imminent harm.

If you believe danger is escalating, do not wait for additional acts. The statute allows for filing even when contact continues through surveillance or digital channels. Police reports are helpful but not required. Illinois courts frequently grant E-SNCOs based solely on credible, sworn testimony accompanied by supporting materials such as screenshots or witness letters. Prioritize safety: consider contacting a domestic-violence or stalking advocate who can help you prepare the evidence packet and accompany you to court. This step builds the factual foundation necessary for immediate ex parte protection.

Step 2: Obtain and Complete the Illinois Approved Forms

Illinois Courts publish standardized statewide forms for Stalking No Contact Orders, ensuring uniform access across counties. Visit Illinois Courts Forms or obtain paper copies from your Circuit Clerk’s office. The essential documents include: the Petition for Stalking No Contact Order, an Additional Information/Affidavit sheet if needed, and a proposed Emergency Order of Protection.
Complete the petition carefully, describing each incident in factual terms, using plain language. Avoid emotional adjectives; focus on what happened, where, and when. Judges rely on specificity and credibility.

Under §95, you must allege facts showing (1) that stalking occurred; (2) that you fear immediate harm without an emergency order; and (3) that relief is necessary to prevent further acts. Each box you check on the form corresponds to a statutory remedy authorized by §80. Review those options closely—no contact, stay-away zones, protection for family members, and bans on surveillance or communication. Selecting relevant remedies upfront streamlines judicial review.
If English is not your primary language, ask the clerk for interpreter assistance under the Illinois Language Access Plan. The goal is complete, comprehensible filings that allow judges to issue orders quickly and precisely.

Attach copies of your documentation: messages, photos, police reports, or witness statements. Number them sequentially as exhibits. When finished, review the petition with an advocate or court facilitator, sign it under penalty of perjury, and prepare to file. You do not need an attorney, but legal-aid organizations can help verify completeness. Accuracy and clarity here make the difference between delay and same-day protection.

Step 3: File Your Petition with the Circuit Clerk and Request Immediate Review

File your completed petition at the Circuit Court Clerk’s office. Under §95, judges may hold emergency hearings the same day the petition is filed. Inform the clerk that you are requesting an “Emergency Stalking No Contact Order.” The clerk will stamp the case number, prepare a summons for the respondent (to be served later), and send the petition to a duty judge for immediate consideration. Bring multiple copies—one for the court, one for yourself, and one for law enforcement after issuance.

At the emergency hearing, the judge reviews your petition and may place you under oath for a brief examination. Be concise and factual. Judges look for a credible pattern of stalking and an imminent threat of continued contact or harm. You may present your exhibits or briefly describe key incidents. Because the proceeding is ex parte, the respondent will not be present. If the court finds that stalking occurred and that emergency relief is necessary, the judge signs the Emergency Order and sets a date—usually within two to three weeks—for the plenary hearing under §100.

Before leaving the courthouse, obtain certified copies of the signed order and confirmation that the clerk will transmit it to the Sheriff’s Office for service and to the LEADS database. Keep one certified copy with you at all times. Inform trusted individuals—employers, security staff, school administrators—that an active order exists. They are permitted to call law enforcement immediately if the respondent appears. This filing stage transforms your documentation into enforceable judicial protection.

Step 4: Ensure Service of the Emergency Order and Prepare for the Plenary Hearing

After issuance, the Emergency Order must be served on the respondent to provide notice of the plenary hearing and activate criminal enforceability. The sheriff of the county of issuance typically performs service without cost in stalking cases. Provide accurate addresses, workplace information, and known schedules to aid prompt service. If the respondent avoids service, document attempts; the court may extend the emergency order’s duration under §95 until proper service occurs.

Meanwhile, begin preparing for the plenary hearing under §100. Review your incident chronology, gather witnesses, and update evidence since the emergency order. Keep a violation log in case the respondent disregards the order after being served. Each new violation is independently actionable under 720 ILCS 5/12-3.9.

Confirm with the clerk or advocate that your order appears in LEADS and that you received a certified copy. Distribute copies to all necessary parties: employer security, school, landlord, or anyone responsible for your environment’s safety. Maintain consistent communication with law enforcement, informing them of the upcoming hearing date.
This coordination ensures that both the emergency order and the eventual plenary order operate smoothly without gaps.

Step 5: Attend the Plenary Hearing and Transition to Long-Term Protection

The plenary hearing finalizes whether long-term protection should replace the emergency order. Appear on time with all evidence organized—petition, exhibits, witness statements, and certified copy of the emergency order. You will testify under oath and may be cross-examined if the respondent appears. Keep your testimony chronological and concise, aligning facts with statutory criteria from §80 and §100: proof of stalking, reasonable fear, and necessity for continued relief. Judges appreciate when petitioners anchor requests directly to statute (“Your Honor, I’m asking for relief under 740 ILCS 21/80(b)(1) through (4)…”).

If the court grants the plenary order, verify that it includes every protection you requested—specific distances, communication bans, inclusion of family members, and expiration date. Obtain certified copies immediately and confirm that the clerk transmits the order to LEADS and the sheriff. If relief is denied, ask the judge about re-filing upon new incidents or appeal rights. Either way, the emergency phase ends once a plenary judgment issues, but your vigilance continues: enforcement, documentation, and timely renewal under §105 are essential.

Step 6: Understand Enforcement After Issuance (Police, LEADS, and Criminal Penalties)

Once a judge signs your Emergency Stalking No Contact Order (E-SNCO), the order becomes more than a piece of paper: it is immediately enforceable statewide when entered into Illinois’ Law Enforcement Agencies Data System (LEADS). The statute expressly directs law enforcement to treat a valid SNCO as enforceable and to act on it wherever you are in Illinois (740 ILCS 21/115). The clerk is required to transmit a certified copy to law enforcement the same day, and you may also deliver a certified copy to help accelerate entry. In the field, officers verify orders through LEADS and, if the respondent was served or otherwise has actual knowledge, they can take action immediately. The Illinois State Police LEADS protection-order guidance confirms these entry and verification practices for SNCOs and related orders (see Illinois State Police LEADS protection-order reference).

Criminal enforcement runs in parallel. If the respondent knowingly violates any term—no contact, stay-away zones, bans on electronic or third-party contact—police can arrest without a warrant on probable cause. Illinois criminal law makes “Violation of a Stalking No Contact Order” a specific offense: a first conviction is a Class A misdemeanor; a second or subsequent is a Class 4 felony (720 ILCS 5/12-3.9). You should call 911 as soon as a violation occurs, state “I have an Emergency Stalking No Contact Order under 740 ILCS 21,” and provide the case number and county so dispatch can confirm the order in LEADS. Ask the officer for a report number every time; those reports become key evidence for extensions and for prosecution.

To maximize on-the-ground enforcement: carry a certified copy of the order; give copies to your workplace HR/security, school campus police, and property manager; and ask that they call law enforcement if the respondent appears. Save digital evidence of prohibited contact—screenshots with timestamps, URLs, call logs—and print copies for officers and for the court. If an officer is unfamiliar with SNCOs, show the certified order and politely reference Section 115’s statewide enforcement language. Should the respondent cross county lines, your order remains valid—the receiving jurisdiction enforces it as if issued locally. If you notice clerical errors (wrong date of birth, spelling, or addresses), ask the clerk to issue a corrected order for LEADS so officers see accurate data. These steps convert statutory rights into practical safety—visibility, documentation, and swift reporting make the difference between uncertainty and immediate response.

Step 7: Maintain Active Communication with Police and the Court While the Order Is Live

Emergency orders move fast—typically 14–21 days until the plenary hearing—so consistent communication prevents gaps. First, confirm service. Ask the clerk if the “Return of Service” has been filed; until the respondent is served (or otherwise shown to have actual knowledge), criminal enforcement can be complicated because officers must confirm the respondent knew about the order. Section 10 requires a separate summons in SNCO cases, and Illinois rules accelerate the respondent’s appearance timeline; make sure copies of the petition, affidavits, and any emergency order were attached to the notice, as the statute directs (740 ILCS 21 (Act index); separate summons and attachments requirement). Keep screenshots of the clerk’s docket entry showing service is complete.

Second, keep a communication log. Each time you speak with a dispatcher, officer, or victim-witness advocate, note the date, time, contact name, and summary. If a violation occurs, record the police report number. Give your employer/school a copy of the order and a simple protocol: do not disclose your schedule, call police upon any sighting, and retain any security footage. This “distributed awareness” means you’re not the only person watching—the buildings you use become part of your safety plan. When possible, ask officers to add a “special attention” notation for your address or workplace so patrol units recognize the name. These practices sit comfortably within the statute’s enforcement framework (Section 115) and typical LEADS workflows.

Third, track court scheduling. Plenary hearings under Section 100 must follow notice and service; dates can move if service is delayed, so verify your hearing date and check the docket for updates (740 ILCS 21/100). If mail is risky, confirm whether the clerk can contact you via a safe email or phone number. If you change addresses, protect sensitive details: Illinois Supreme Court Rule 138 governs how personal identity information is handled and redacted in court files; ask the clerk about using a confidential information form rather than publicly exposing your residence. The Illinois Courts publish Rule 138 and forms detailing these protections.

Finally, keep building your evidence. Even during the emergency phase, new incidents may occur. Continue gathering screenshots, saving voicemails, and noting sightings with dates and times. Bring this updated packet to the plenary hearing. Judges appreciate organized, factual, and statute-linked presentations—your steady communication with police and the court shows reliability and strengthens your request for long-term relief.

Step 8: Prepare for the Plenary Hearing and Long-Term Relief

Your objective at the plenary hearing is to convert immediate protection into an order that can last up to two years, with tailored remedies that actually fit your daily life. Section 100 governs this noticed hearing (740 ILCS 21/100). Arrive early with two exhibit sets (for the court and respondent): your petition, emergency order, Return of Service, incident log, police reports, screenshots, witness statements, and any workplace or school letters confirming sightings or security measures. Structure your testimony around the statute: show a course of conduct; explain why a reasonable person would fear for safety or suffer emotional distress; and link each requested remedy to specific facts (e.g., stay-away from your job because the respondent appeared there on particular dates). Cite Section 80’s relief menu when you ask for terms (no contact by any means; stay-away zones; protection for family/household; restrictions on surveillance or electronic contact).

Evidence quality often decides outcomes. Printed screenshots with legible timestamps, organized chronologies, and clear testimony carry more weight than generalized statements. If the respondent is represented, you may be cross-examined; stay calm and answer with facts tied to exhibits. If the respondent claims ignorance of the order, the filed Return of Service and any acknowledgments or appearances can rebut that. If the judge grants a plenary order, review every paragraph before leaving—verify the duration, exact distances, protected places (home, work, school), and any bans on third-party or digital contact. Ask the clerk to provide multiple certified copies and to transmit the order to law enforcement for LEADS entry the same day (Section 115).

If relief is denied or narrowed, you can still protect yourself. Request written findings, ask about the standard for reconsideration, and—if warranted—consult legal aid regarding appeal rights under Illinois Supreme Court Rules 301–303. Regardless, continue documenting all contact; new incidents can justify a renewed petition. The plenary hearing is the inflection point where careful emergency-phase work (service tracking, communication logging, and evidence discipline) often pays off in durable, enforceable protection.

Step 9: Renew or Modify the Order Before It Expires

Plenary SNCOs generally last up to two years, but the statute lets you extend protection without having to start over. Section 105 provides for duration and extension (740 ILCS 21/105). Calendar your order’s end date the day it is issued and set alarms 60/45/30 days in advance. File a motion to extend a few weeks before expiration so the court can schedule a hearing without any gap. Importantly, you do not need a brand-new stalking incident; a continued, reasonable fear for safety, demonstrated by context and any recent behaviors, can justify extension. Attach an updated affidavit summarizing developments since issuance (e.g., suspicious drive-bys, indirect online mentions, or continued presence near your routes).

If circumstances change—new job, relocation, fresh harassment methods—you may ask to modify terms. Courts routinely add protected places, adjust distances, and clarify electronic/third-party bans so police can enforce them cleanly. Because Section 80 authorizes “any other relief” necessary to protect the petitioner, judges have latitude to tailor orders to technology-facilitated stalking (e.g., bans on tagging, messaging, or contacting through named platforms). After the court signs an extension or modification, confirm same-day transmission to law enforcement for LEADS update; Illinois State Police guidance also notes record-format distinctions for modify transactions, so clerks should choose the correct modify template when updating the LEADS entry.

Never let the order lapse unintentionally. If it expires, officers lose the ability to arrest for SNCO-specific violations until a new order is entered. A gap—even a short one—can embolden a respondent. Treat renewal as part of your safety cycle: monitor, document, calendar, and file. If you miss the window, re-file promptly using the statewide forms, attach your full chronology, and explain the lapse; courts understand docket realities but will still require you to re-establish the statutory elements.

Step 10: Handle Violations, Contempt, and Post-Order Safety

Violations trigger two parallel responses: criminal prosecution and civil contempt. On the criminal side, report every breach immediately; “Violation of a Stalking No Contact Order” is chargeable under 720 ILCS 5/12-3.9. Provide officers with your certified order and evidence (screenshots, call logs, security footage) and request a report number. Follow up with the State’s Attorney’s Victim/Witness Unit for updates on charging decisions, court dates, and no-contact conditions in any parallel criminal case. On the civil side, file a Petition for Rule to Show Cause asking the judge to hold the respondent in contempt for violating the order. Sanctions may include fines, jail time, and tighter terms (e.g., broader stay-away zones, explicit bans on indirect contact “through others”).

Adopt a disciplined documentation routine. Maintain a single “order file” with your SNCO, all Returns of Service, police reports, incident logs, printed screenshots with timestamps/URLs, and correspondence with clerks or officers. This file becomes your evidentiary backbone for extensions and future enforcement. For privacy, consult Illinois Supreme Court Rule 138 and use confidential information forms when filings would otherwise reveal sensitive data such as a home address; clerks can guide you so your public record stays safe while the court still knows how to reach you. The Illinois Courts publish Rule 138 and its forms online.

Finally, integrate legal orders with practical safety. Share the order with HR, campus security, and property managers; ask for non-disclosure of schedules and for prompt police calls if the respondent appears. Review your digital footprint—enable multi-factor authentication, restrict tagging, and avoid geolocation posts. If you relocate, ask the clerk how to maintain a protected address of record and, if you move out of state, coordinate recognition of your Illinois order under full faith and credit principles so local police can verify it. Keep renewing on time under Section 105, and keep refining terms under Section 80 as technology and circumstances evolve. When vigilant documentation meets swift reporting and clear orders, the E-SNCO becomes an effective, living layer of protection rather than a one-time court visit.

Costs Associated

Illinois removes financial barriers in SNCO cases. Approved statewide forms are free from the Illinois Courts website, and clerks commonly process stalking-order filings without charging filing or certified-copy fees. Service by sheriff is standard in many circuits for protective matters. Always confirm your local circuit’s practice, but the statewide forms and self-help pages make clear that the SNCO process is intended to be accessible at no cost to petitioners (Illinois Courts: Civil & Stalking No Contact Orders). If you must file a related motion and cannot afford fees, ask about fee-waiver procedures under the Illinois Supreme Court Rules.

Time Required

Emergency relief is designed for speed. Judges may review E-SNCO petitions the same day based on the sworn petition and the judge’s examination; courts then set a plenary hearing quickly after service (740 ILCS 21/95; § 100). The Act also shortens appearance timelines and requires a separate summons with attachments in SNCO actions (Act index; summons/notice). In practice, most emergency-to-plenary transitions occur within a few weeks, subject to service and docket load.

Limitations

An SNCO is a legal boundary, not a physical barrier. It binds only the named respondent and typically requires proof of service or actual knowledge for criminal enforcement. Orders expire unless renewed; you must calendar and file for extension under Section 105. Relief must fit within the statute’s authority—Section 80 authorizes broad, protective remedies, but courts tailor terms to due-process constraints. Technology shifts faster than statutes, so you may need modifications to address new harassment methods. These limits argue for a combined approach: court orders + safety planning + steady communication with police.

Risks and Unexpected Problems

Common pitfalls include delayed service (slowing personal enforceability), retaliation after the respondent learns of the order, and confusion about indirect or online contact. Minimize these risks by (1) giving multiple service addresses and schedules to the sheriff; (2) distributing certified copies to workplaces, schools, and property managers; (3) documenting every incident and getting police report numbers; and (4) requesting modifications to close loopholes (e.g., bans on tags, aliases, or proxy contact). Another risk is a protection gap when an order expires; avoid it by calendaring renewal well before the end date and filing under Section 105. If any official seems unsure about enforcement, reference Section 115 and carry a certified copy. These practical steps keep your emergency protection robust from day one through renewal.

Official Sources

• Illinois Courts — Civil & Stalking No Contact Orders (Approved Statewide Forms)
• 740 ILCS 21 — Stalking No Contact Order Act (Act index; summons/notice)
• 740 ILCS 21/95 — Emergency SNCO
• 740 ILCS 21/100 — Plenary SNCO
• 740 ILCS 21/105 — Duration; Extension
• 740 ILCS 21/115 — Enforcement by Law Enforcement Agencies
• 720 ILCS 5/12-3.9 — Violation of a Stalking No Contact Order
• Illinois Supreme Court Rules (including Rule 138 on Personal Identity Information)