Illinois SNCO forms and process
Overview
A Stalking No Contact Order (SNCO) is a civil remedy under the 740 ILCS 21 — Illinois Stalking No Contact Order Act, designed to protect individuals from stalking or harassment where no domestic relationship exists. It allows any person who has experienced a pattern of non-consensual contact to seek immediate and long-term protection through the courts. The process is supported by uniform statewide forms published by the Illinois Courts, ensuring access across all 102 counties. Relief may include prohibiting contact in person, by phone, online, or through third parties, and restricting the respondent from specific places such as the petitioner’s home, workplace, or school.
Illinois courts offer a two-phase procedure: first an Emergency SNCO (§ 95) issued the same day based on sworn petition, followed by a Plenary SNCO (§ 100) after notice and hearing. Orders are enforceable statewide via the Law Enforcement Agencies Data System (LEADS) and violations are criminal offenses under 720 ILCS 5/12-3.9. The standardized forms, available without cost, streamline filing for self-represented litigants and ensure judges receive complete, consistent information to act quickly.
Who Can Apply for an SNCO
Anyone subjected to a “course of conduct” involving two or more acts of unwanted contact causing fear for personal safety or emotional distress may petition for an SNCO, regardless of relationship to the offender. Minors file through a parent or guardian; adults unable to appear may authorize a representative under § 15. Organizations — schools, workplaces, or advocacy centers — may assist victims but the petition must identify the affected individual. Jurisdiction lies in any county where the petitioner or respondent resides or where the stalking acts occurred (§ 55). Petitions are filed in the Circuit Court clerk’s civil division. Clerks must provide the official statewide forms and cannot refuse filing because a petitioner lacks police reports or legal counsel.
Benefits of Using the Illinois SNCO Forms Process
- Uniform Access: Every Illinois county uses the same forms, minimizing confusion and ensuring consistency in judicial review.
- No Filing Fees: Pursuant to § 60 and court policy, petitioners are not charged for filing or service in SNCO cases.
- Speed: Emergency relief can be issued within hours, bridging the gap until a plenary hearing.
- Comprehensive Relief: Orders can cover physical, digital, and third-party contact restrictions tailored to modern harassment patterns.
- Statewide Enforcement: Once entered into LEADS under § 115, all law-enforcement agencies must recognize and enforce the order.
Step 1: Recognize Stalking Behavior and Assess Eligibility
The first step is determining whether the conduct meets the statutory definition of stalking under § 10. A “course of conduct” means two or more acts including following, monitoring, observing, surveilling, threatening, or communicating to or about a person without consent. Acts may be physical or digital — emails, texts, social-media mentions, GPS tracking, or third-party approaches. The behavior must cause a reasonable person to fear for their safety or suffer emotional distress.
Start a chronological incident log listing dates, locations, descriptions, and witnesses. Save texts, voicemails, letters, photos of vehicles or notes, and screenshots of online posts. Avoid editing files; courts prefer original metadata. Consult an advocate or attorney if you’re unsure whether the behavior qualifies. Even without police involvement, the court may grant an SNCO based solely on credible sworn testimony supported by these records.
If the stalking is immediate and dangerous, you can request an Emergency SNCO without notifying the respondent. Otherwise, you prepare for a plenary petition requiring service. Documenting early ensures your petition aligns with statutory language and helps judges understand why protection is necessary. Use clear, factual language — what the respondent did, when, where, and how it impacted you. The forms contain sections prompting for this information precisely to meet the elements of § 80.
Step 2: Obtain the Official Illinois SNCO Forms
Illinois provides free, fillable PDF and paper forms through the statewide portal Civil No Contact and Stalking No Contact Orders. Essential documents include:
- Petition for Stalking No Contact Order (IL Standard Form CIV-SNCO-101)
- Additional Information/Affidavit (if space needed for incidents)
- Proposed Emergency Order (Form CIV-SNCO-102)
- Summons and Notice of Hearing (Form CIV-SNCO-103)
Complete the petition legibly in ink or electronically. Describe each incident factually; avoid opinions or insults. Attach evidence as Exhibits A, B, C etc. Each form contains check boxes corresponding to specific relief authorized under § 80 (no contact, stay-away, electronic ban, third-party contact prohibition, property return). Review these carefully so your petition requests exactly the protection you need. If English is not your first language, request an interpreter per the Illinois Language Access Plan; clerks must arrange one without cost. You may also seek help from a civil-legal aid agency or court self-help center. Accuracy here avoids delays later.
Step 3: File the Petition and Request an Emergency Order if Needed
Take the completed forms to the Circuit Clerk in the county of filing. Tell the clerk you are petitioning for a Stalking No Contact Order. The clerk will stamp your documents, assign a case number, and send the file to a judge for immediate review if you check the box for Emergency relief under § 95. Judges are available after hours in some counties for urgent petitions. Bring two extra copies — one for your records, one for law enforcement. No filing fee may be charged (§ 60).
During the hearing, you will be placed under oath and asked to summarize incidents. Focus on dates, locations, and objective facts. If the judge finds probable cause of stalking and immediate danger, they will sign the Emergency Order, effective until the plenary hearing (14–21 days). The clerk forwards the order to the sheriff for service and to LEADS for statewide entry per § 115. Carry a certified copy at all times and notify your workplace or school so they can call police if the respondent appears. Violations are criminal under 720 ILCS 5/12-3.9.
Step 4: Ensure Proper Service and Prepare for the Plenary Hearing
Service is the legal delivery of the petition and order to the respondent. Without it, the court cannot enter a plenary order or enforce violations criminally. The sheriff of the issuing county serves SNCOs without charge per § 60. Provide detailed addresses and known schedules to help locate the respondent. If service fails, the court may extend the emergency order until success. Keep copies of Return of Service forms and verify entry into LEADS. Once served, prepare for the plenary hearing: organize evidence, summon witnesses, and update incident logs. Any violation of the emergency order after service strengthens your case for long-term relief.
Step 5: Attend the Plenary Hearing and Obtain Long-Term Protection
The plenary hearing is a formal proceeding where both sides may appear. Bring your petition, evidence, witnesses, and any reports of violations. Under § 100, the court determines by a preponderance of evidence whether stalking occurred and whether protection should continue. If granted, the order can last up to two years and include all remedies authorized under § 80. Request copies immediately and confirm entry in LEADS. Provide certified copies to police, schools, and employers. If denied, you may refile upon new incidents or appeal per Supreme Court Rules 301–303. Either way, the process culminates with a recorded court decision that defines and protects your rights under Illinois law.
Step 6: Understand Enforcement and Law-Enforcement Coordination
After the court issues your Stalking No Contact Order, enforcement begins immediately under 740 ILCS 21/115. The clerk must transmit the signed order to the sheriff and the Illinois State Police for entry into the Law Enforcement Agencies Data System (LEADS). Once entered, every officer in the state can confirm its validity within seconds. Carry a certified copy at all times and save a scan on your phone. If the respondent violates the order, call 911 and say: “I have a Stalking No Contact Order under 740 ILCS 21; the respondent is violating it.” Provide the case number and county.
Violations are crimes under 720 ILCS 5/12-3.9. Police may arrest without a warrant if they have probable cause that the respondent knowingly disobeyed the order. A first violation is a Class A misdemeanor; subsequent ones are Class 4 felonies. Each police report establishes a pattern crucial for later extensions or prosecution. Give copies of the order to your employer, landlord, and school security so they can contact police if the respondent appears. Provide accurate addresses and physical descriptions to help enforcement officers.
Check the order’s details in LEADS through your local sheriff’s records unit—correct misspellings, dates of birth, or addresses immediately. If you relocate, file your new address confidentially with the clerk (Illinois Supreme Court Rule 138) and provide an updated copy to your local sheriff. Consistent, accurate communication converts legal protection into actual safety. Enforcement also extends nationally: federal law (18 U.S.C. § 2265) requires full faith and credit for valid protective orders issued in any state.
Step 7: Maintain Documentation and Communicate with the Court
Keep an organized case file that includes: your petition, orders, returns of service, police reports, screenshots, emails, and any court letters. Record each incident chronologically with dates and times. This archive demonstrates credibility and continuity.
Contact the Circuit Clerk periodically to verify hearing dates and entries. If service is delayed, the court may extend the emergency order under § 95 until proper service occurs. Confirm all mailing addresses are secure and private; you may use a confidential address of record under Rule 138. When you receive a notice of hearing, note it in your calendar and notify your advocate.
Document violations promptly and attach police report numbers. Continue to collect digital evidence—screenshots with timestamps and URLs—and print them for court. Backup everything to secure cloud storage. If new incidents occur before the plenary hearing, submit an updated affidavit to the clerk.
Communication builds trust with the system. Keep copies of emails from officers and advocates; log every phone call. Present your records in a binder or chronological PDF for the judge. Detailed documentation demonstrates you take the process seriously and helps secure renewal later under § 105.
Step 8: Renew or Modify the Order under § 105
Plenary orders last up to two years but can be extended before expiration. Under § 105, you need not prove new stalking—ongoing fear is sufficient. File a motion to extend about 45 days before expiration to avoid a gap. Attach an affidavit summarizing recent events and copies of violations or communications. Courts typically hold a brief hearing and extend protection for up to two additional years.
If your circumstances change — for example, you move or the respondent switches harassment tactics — you may modify the order. File a motion detailing the new facts and evidence. Judges can add addresses, increase distance limits, or explicitly ban certain digital platforms. Confirm the clerk updates LEADS immediately; errors between versions can compromise enforcement.
Courts expect petitioners to track expiration dates actively. Mark reminders in multiple places. Letting the order expire eliminates police authority to arrest for violations until a new order issues. Renewal is the most frequent point of failure for otherwise effective SNCOs—avoid it by planning early.
For modifications, Illinois law under § 80 permits “any other relief necessary to protect the petitioner.” Use this breadth to cover new technology or third-party tactics. Attach screenshots and police records to support the need. Renewal is not a formality; it is a re-validation of your safety needs.
Step 9: Handle Violations through Contempt or Criminal Charges
If the respondent violates the SNCO, you can seek both criminal and civil remedies. Under 720 ILCS 5/12-3.9, police may arrest without a warrant based on probable cause. Provide officers with a certified copy of your order and evidence such as texts, emails, or photos. Request a police report number and follow up with the State’s Attorney’s office.
Simultaneously, you may file a “Petition for Rule to Show Cause” in your civil case, asking the judge to hold the respondent in contempt. Attach police reports and screenshots as exhibits. At the hearing, the respondent must explain why they should not be sanctioned. Penalties include fines, jail, and expanded restrictions. Each new incident strengthens your record for extension or future criminal charges.
If violations occur across counties or states, the order remains enforceable under federal law (18 U.S.C. § 2265). Provide copies to out-of-state law enforcement for immediate recognition. Document every communication and keep a parallel journal so facts match between civil and criminal files. Persistence and consistency turn isolated incidents into a prosecutable pattern.
Step 10: Integrate Legal Protection with Long-Term Safety Planning
The final step is embedding legal protection into everyday life. An SNCO is powerful but works best when paired with a robust safety plan. Work with advocates through the Illinois Coalition Against Domestic Violence or local victim-service providers to develop strategies for workplace, home, and online safety. Share copies of your order with trusted people—school administrators, employers, neighbors—so they recognize the respondent and know to call police.
Digitally, tighten security. Use strong passwords and two-factor authentication, limit social-media visibility, and disable geotagging. Create new email accounts if necessary and avoid posting real-time locations. Keep emergency contacts and escape plans ready. For ongoing emotional stress, seek support through trauma-informed counseling and victim hotlines (1-877-863-6338 Illinois Domestic Violence Hotline). Safety planning transforms the legal framework into daily resilience.
Costs Associated
SNCO forms are free and available from the Illinois Courts website. Filing and service fees are waived by law in most circuits for protective orders. Certified copies are issued without charge. If representation is needed, legal-aid groups such as Land of Lincoln Legal Aid and Prairie State Legal Services provide free help.
Time Required
Emergency orders are often reviewed the same day under § 95. Plenary hearings usually occur within two to three weeks of service per § 100. Total processing from petition to final order averages three to five weeks, depending on court docket and service speed.
Limitations
An SNCO cannot guarantee physical safety; it creates a legal deterrent. Relief applies only to the named respondent and requires proof of service or knowledge. Orders expire unless renewed under § 105. Judges must balance your safety with respondent due-process rights, so specific relief must fit the statute. Technology-based stalking sometimes outpaces statutory language; seek modifications to cover new mediums.
Risks and Unexpected Problems
Typical issues include delayed service, retaliation after issuance, and misunderstanding what counts as a violation. Provide multiple addresses for service and request law-enforcement escort if necessary. Inform trusted contacts about the order to increase visibility. Calendar renewal dates well ahead to prevent gaps. If a respondent uses social media aliases, ask the court to extend the order to cover them. Most risks are manageable through vigilance, documentation, and ongoing advocate support.